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Proposed Amendments to Trade Mark Rules (India) – A stich in time may save nine!

The Ministry of Commerce and Industry (India) (MCI) has recently issued the draft Trade Mark (Amendment) Rules. The  MCI has invited comments from the IP fraternity and general public before finalizing...

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INDIA: LANDMARK DECISIONS PERTAINING TO SECTION 8 OF INDIAN PATENTS ACT, 1970

  INTRODUCTION   Over the years, numerous Indian Courts have taken an iron-clad stance towards applicants for non-compliance of Section 8 as provided in the Indian Patents Act, 1970(hereinafter...

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INDIA: IPO revises numbering pattern of patent applications and request for...

  The Indian Patent Office (IPO) introduced a new numbering pattern for Patent applications and Request for Examination in an order dated December 31, 2015, effective from January 1, 2016.  The new...

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Dear TMclass, India says hello!

      The TMclass database (formerly: Euroclass tool) of the office for the Harmonisation in the Internal Market (OHIM) on 07th December 2015 welcomed a new member i.e. the Office of Controller General...

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Delhi Trade Mark Registry along with Delhi State Legal Service Authority...

The Delhi Trade Marks Registry has announced a plan to liquidate  the pendency in Opposition/Cancellation matters through Mediation/ Conciliation in collaboration with the Delhi State Legal Services...

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India: Trade Marks Office gives a second chance to Applicants aggrieved by...

 The Indian Trade Marks Office (TMO), in the new fiscal year announced the abandonment of over 1,60,000 pending trade mark Applications. The Applications were said to be abandoned on account of...

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Untangling the Patent Thickets

  PRELIMINARY OBSERVATIONS “Thickets please …”[i] In 1856, a group of firms jointly acquired a dominant position in sewing machine’s patents and formed the first patent pool in the world, which lasted...

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BOOST FOR INDIA’S ECONOMIC GROWTH AND SOCIO-CULTURAL DEVELOPMENT: GOVERNMENT...

 In November 2014, the government set up an IPR think-tank to draft the IPR policy, pursuant to which on May 12, 2016, the government approved the much-awaited National Intellectual Property Rights...

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India: New Patents (Amendment) Rules 2016 notified - An initial analysis

 Pursuant to the publication of draft Patent (Amendment) Rules, 2015, notified by the Government of India in Gazette of India on October 26, 2015 and which was circulated to our clients vide our client...

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India: Patent Amendment Rules 2016

Pursuant to the publication of the Draft Patent (Amendment) Rules 2015, notified by the Government of India in the official gazette on October 26, 2015, the Ministry of Commerce and Industry in...

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India: New Patents (amendment) rules 2016 notified - An initial analysis

 Pursuant to the publication of draft Patent (Amendment) Rules, 2015, notified by the Government of India in Gazette of India on October 26, 2015 and which was circulated to our clients vide our client...

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India: Expedited Examination Requests Limited To 1000 In Number

The Patents (Amendments) Rules, 2016 (hereinafter referred to as Rules) that came into force on May 16, 2016 introduced the provision for Expedited Examination under Rule 24C of the Rules. Further, the...

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India: Trade Marks Office keeps pace with the Digital India initiative -...

The Indian Trade Marks Office has issued a notification announcing automation of the process of generation and issuance of Trade Mark Registration Certificates.Starting from August 01, 2016, the Trade...

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Copyright-The exception of "educational use"

Once again, India is on the center stage of a global debate on Intellectual property rights (IPR). In an action brought by some of the leading international publishers (collectively referred to as...

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Scope of Compulsory Licenses under Copyright Act Expanded to Cover Online...

Section 31D of the Indian Copyright Act, 1957, as amended by the Copyright (Amendment) Act, 2012, addresses compulsory licensing of copyrighted works, specifically addressing broadcasting on radio or...

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Capturing the Airwaves: Territorial Jurisdiction, Exclusive Licenses, and DTH...

Direct to home (DTH) technology essentially renders a cable connection redundant in homes, by enabling broadcasting companies to directly beam signals to television sets through receivers installed in...

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Vigilance Saves the Day For Peter England

The Delhi High Court decision in the case of Aditya Birla Nuvo v M/s RS Sales Corporation & Anr (CS(COMM) 644/2016) discussed the infringement of the mark “PETER ENGLAND”. The plaintiffs, Aditya...

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Trade Mark Protection in Myanmar-Time for the big leap!

Under current Myanmar law, there is no codified system for protection of trademarks. Indeed, there is no dedicated trademark law. However, trademarks are defined under S. 478 of the Myanmar Penal Code...

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Get Up, Stand Up: Farmers Collective Applies for Trademark “WAYANANDAN”

Biowin Agro Research, a company in Kerala, has applied for the mark “WAYANANDAN” under classes 29 and 30, with the Indian Trade Mark Registry. The mark will be used by the company, and by the Wayanad...

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India - Delhi High Court formalized injunction in 3M’s Patent Suit

In a recent decision of the Hon’ble Delhi High Court, delivered on September 19, 2016,  an injunction was granted in favour of 3M Innovative Properties Ltd. (the Appellant) thereby preventing Venus...

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