Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

Brand owners generally obtain protection for aesthetic features of their products under the Design Act, however, obtaining protection as a shape mark under the Trade Marks law (when it acts as a source identifier) awards indefinite protection (renewable every 10 years) and significantly strengthens brand protection. Particularly, shape marks offer effective solutions against counterfeits, stopping others from using a confusingly similar shape even if the infringer claims their product is…

Artificial intelligence has advanced to the point where synthesized voices are no longer only a fantastical novelty, but practical tools carrying commercial value in entertainment, news, advertising and accessibility solutions. With only a few minutes of recorded audio, today’s AI systems can construct an uncannily accurate replica of a real person’s voice. These are innovations with immense potential such as to help people who cannot speak verbally still communicate, allow for multilingual…

The Indian Trade Marks Registry has, for the first time, accepted a smell trademark for a rose-scented tyre filed by Sumitomo Rubber Industries Ltd., which is now published for advertisement. Smell marks can significantly enhance brand recall value and customer experience, acting as a strong identifier. Further, once accepted, such marks are difficult to oppose or cancel, making them a valuable long-term IP asset. If your brands use a distinctive fragrance (for products or packaging), now may…

The Maldives has taken a major step toward strengthening its intellectual-property framework with the introduction of the Trademarks Act. For the first time, the country will operate a comprehensive, statutory trademark registration system, replacing the reliance on cautionary notices and unregistered-rights principles. For businesses operating in or entering the Maldives, the Act significantly enhances the certainty, enforceability, and clarity of trademark rights. Below is an overview of the…

Data Protection has become a critical priority for businesses and individuals alike. With the recent developments and updates in how personal digital data can be collected, stored and safeguarded, we have answered the most common questions to help you navigate data protection.

Navigating global patent strategy can be complex, especially when national laws impose pre-filing requirements. One such legal obligation under Indian patent law is obtaining a Foreign Filing License (FFL) before filing a patent application outside India.

This decision reinforces that method or process claims are very much within the ambit of patentable subject matter under Indian patent law, provided they involve a technical application and are not mere abstract or mental acts. The judgment is also a reminder that patent refusals must be grounded in sound reasoning and should strictly adhere to procedural fairness, including giving applicants an opportunity to address all grounds of rejection. By setting aside the refusal and directing a fresh…

In a recent decision under the .IN Domain Name Dispute Resolution Policy (INDRP), Wakefit Innovations Pvt. Ltd., the Bengaluru-based D2C furniture and sleep solutions company, has successfully secured the transfer of the domain name wakefit.in. The arbitral award dated February 28, 2025, underscores the importance of accurate registrant information and reinforces that cybersquatting - even passive holding of infringing domains will not go unchecked.

In a significant decision under the .IN Domain Name Dispute Resolution Policy (INDRP), Bose Corporation, the globally renowned manufacturer of high-end audio equipment, has successfully reclaimed the domain name boseindia.co.in.