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TRADE DRESS: WHERE THE VISUAL PERCEPTION TAKES PRECEDENCE
IntroductionVisual perception plays a very important role in enabling the customers to form an association of a product with a particular source and this is where the importance of a trade dress comes...
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IP office takes aim at patentability of computer-related inventions in India
In India, computer-related inventions can be protected under the Copyright Act and the Patent Act. While computer software is protectable as a literary work under the Copyright Act, the scope of...
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India steps up efforts to boost tech transfer and innovation
Patents play a seminal role in innovation and tech transfer – a crucial element in a country’s development and success in the global marketplace. A country’s patent regime therefore can be pivotal in...
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STRENGTHENING INTELLECTUAL PROPERTY COOPERATION: INDIA AND DENMARK JOIN HANDS
In an attempt to further the objectives laid down under the National Intellectual Property Rights (IPR) Policy 2016, India has entered into a Memorandum of Understanding (MoU) with Denmark in the field...
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The perplexity surrounding ‘essentially biological processes’ in India
Until 2002 in India, there was a blanket ban on granting patents for inventions related to natural or artificial living entities, biological materials, substances derived from these materials, and any...
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IP FACILITATION PROGRAMMES, SCHEMES, AND POLICIES IN INDIA
INTRODUCTIONIndia has the third largest start-up ecosystem in the world with 2-3 start-ups being born every day. With the Startup India initiative launched in 2016, to build a robust ecosystem for...
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The Impact of Intellectual Property on Virtual Reality
IntroductionWhat do Oculus Rift, Google Cardboard, Sony PlayStation VR, Samsung Gear VR and HTC Vive have in common? They are all virtual reality headsets capable of transporting their users to a new...
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Suspension of deadlines not applicable to extensions requested prior to March...
The Supreme Court of India, while clarifying the position regarding suspension of deadlines due to COVID 19, vide its order dated September 18, 2020 held that in case the original deadline in any...
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UNDERSTANDING THE CONCEPT OF BAD FAITH IN TRADE MARK LAW
IntroductionBad faith is not a concept uncommon to trademarks. In fact, trademark squatting and crowding of trademark registers has become an international issue now. In cases involving the concept of...
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Right to Privacy and Publicity: Two Sides of the Same Coin
INTRODUCTIONIntellectual Property laws are not only confined to traditional subject matters such as trademarks, patents, copyright, and designs etc. but also include within their realm Personality...
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VALUE OF INTANGIBLES: WHY START-UPS SHOULD INVEST IN PATENTS
An entrepreneur’s most valuable asset is the idea he/she possesses and therefore, the first task for any entrepreneur should be to protect and safeguard that idea. Patents are important to start-ups...
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Pharmaceuticals Trademarks: Indian Perspective
Introduction:The Indian Pharmaceutical industry has been on a steady rise over the previous few years. As per the publication of India Brand Equity Foundation (IBEF) in July 2020[1], the Indian...
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The rise of IoT patents in India
The Internet of Things (IoT) has revolutionised both the consumer and the industrial worlds. More and more businesses are realising the potential of the IoT to enhance efficiency and mitigate risks by...
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Decoding AI: the way forward in India
Over the past decade we have seen AI become more entrenched in everyday activities. From the customer care chatbot that tells us to wait while they connect us to a human representative to the...
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Myanmar’s New Trademark Registration System: Soft Opening Period to commence...
The Ministry of Commerce of Myanmar, vide its notification dated August 28, 2020, has announced that the Soft Opening Period for filing trademark applications under the new trademark registration...
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Evolution of SEP litigation in India
The term ‘SEP’ has become widely known owing to the recent wars between smartphone manufacturers around the globe. In India, a patent holder has an exclusive right over a patent protecting its...
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THE ANTI-MONOPOLISTIC ROLLER, INDIA’S PATENT BOLAR
A. INTRODUCTION“A patent is a grant but inventorship is a right”, quotes Kalyan C. Kankanala in his highly revered book “FUN IP: Fundamentals of Intellectual Property”. While for times immemorial,...
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TO USE OR NOT TO USE: UNDERSTANDING THE CONCEPT OF NOMINATIVE FAIR USE
IntroductionThe core function of a trademark is to act as a source identifier of goods and services, whereas the core benefit of a trademark enjoyed by a Registered Proprietor is the negative right...
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GE POWER INDIA LTD vs NHPC LIMITED-Jurisdiction of civil courts in Copyright...
In this case, the Plaintiff, through its predecessor in title i.e. Alstom India Ltd. entered into a contract for designing and manufacturing of facilities for a hydro-electric project with Lanco Teesta...
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THE EXPANDING SCOPE OF PATENTABILITY OF COMPUTER RELATED INVENTIONS: A...
In a highly anticipated decision in the Ferid Allani matter[1], the Intellectual Property Appellate Board (IPAB) has upheld the patentability of Computer Related Inventions (CRI) clarifying that the...
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