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THE CHANGING FACE OF SOCIAL MEDIA: TIKTOK AND THE LURKING IP DISPUTES
“Social media is addictive precisely because it gives us something which the real world lacks; it gives us immediacy, direction, a sense of clarity and value as an individual.”[1]The aforementioned...
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PROTECTING OWNERSHIP IN THE VIRTUAL SPACE: A CLASSIC CASE OF CYBERSQUATTING
The Delhi High Court in the present case [1], granted an ex- parte anti- suit injunction against the Defendants from using the domain name <hindustan.com>. The Plaintiffs, who are the owners of...
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OPPORTUNISTIC INFRINGEMENT IN TIMES OF PANDEMIC: DETTOL VS DEVTOL
In a recent case[1], the Delhi High Court, in a hearing convened via video conferencing, passed a decree of permanent injunction against the Defendant with respect to the infringing mark “Devtol” for...
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Trade Mark Due Diligence: Dot your I's and Cross your T's
Never before has the question of “What’s in a name” been more apt than in the conflict between BMW and Volkswagen regarding Rolls Royce. In 1998, Volkswagen paid approximately $780 million to Vickers...
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AN INSIGHT INTO BLOCKCHAIN AND IP'S CRYPTIC RELATIONSHIP
INTRODUCTIONBlockchain has been one of the most exciting and emerging technologies in recent times garnering a plethora of attention from various market players such as financial institutions,...
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Border Patrolling: An Analysis of Border Control Measures
IntroductionWith the dilution of trade borders worldwide, the problems pertaining to the grey market as well as counterfeit goods have increased exponentially for nations. Grey market goods are genuine...
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Biopiracy in India: Scientific eruption or traditional disruption?
“Charters and patents thus turned Acts of piracy into divine will,” writes Vandana Shiva in her highly acclaimed book Biopiracy: The Plunder of Nature and Knowledge. While researchers and experts have...
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AMENDMENT OF USE CLAIM IN TRADEMARK CASES: EXPANSIVE OR EVASIVE?
The Division Bench of the Delhi High Court recently affirmed the decision of the Single Judge by allowing an application for amendment of plaint before commencement of trial in a trade mark dispute....
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INDIA: PPH BETWEEN INDIA AND JAPAN, NOTIFICATION FOR 9 REQUESTS RELEASED BY...
On July 27, 2020, the Indian Patent Office released a notification inviting Applicants to file PPH requests; the number of requests being limited to 9. The IPO will start accepting the third round of...
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Court refuses interim injunction against Netflix web-series 'BETAAL'
The Bombay High Court refused to grant an interim injunction in a copyright infringement in a case against the Netflix web-series ‘BETAAL’ while deciding upon the interim Applications in the case of...
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How much is too much – A perusal of Jagran Prakashan Ltd. vs. Telegram FZ LLC...
The judgement of the Single Bench of the Delhi High Court deals with the evergreen issue of illegal and rampant distribution of news on social media platforms and the liability of the administrator of...
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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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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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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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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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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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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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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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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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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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