Indian Copyright (Amendment) Rules, 2021

Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021. The Copyright Rules, 2013 was last amended in the year 2016 subsequent to which, it was done recently.

Read More


Renewal of Customs Recordal in India

However, the question remains - why has an option for renewal not been provided? Granted, it would ensure fewer instances where the right would have lapsed, and the protection would continue unbeknownst to the authorities (although the right holder must inform customs authority when his intellectual property ceases to be valid or if he ceases to be the owner of such intellectual property right). In this respect, the lack of an option for renewal enables authorities to properly examine the…

Read More


News of the World – Tech platforms and the News industry

The Australian government recently passed legislation that has the potential to completely rework the way in which news is disseminated on the internet. The Australian News Media Bargaining Code, passed by the Australian legislature in February 2021, seeks to mandate that Big Tech companies like Google and Facebook pay news producers in order to use their content. The timing of the move appears in line with developments around the world, with calls to regulate Big Techs seen all across the…

Read More


Pakistan joins the Madrid Protocol

In a major development, the Government of the Islamic Republic of Pakistan acceded to the Madrid Protocol on February 24, 2021, making it the 108th member of the Madrid system which now covers 124 countries in total. Pakistan also becomes the fourth SAARC country to join the Madrid Protocol after India, Bhutan, and Afghanistan.

Read More


Bigbasket v. Daily basket – the blurring line between trademark protection & bullying

The recent spat between BigBasket and Daily Basket borders on this blur. BigBasket, the largest online grocery store in India slapped a Cease-and-Desist notice on Daily Basket, a young startup, alleging infringement of their trademark. They claimed that the mere mention or reference of a name containing “basket” in word or logo form for any E-commerce business and related products would confuse the relevant class of consumers into assuming association with BigBasket.

Read More


INDIA – Lifting of extension of deadlines due to COVID-19

The Supreme Court indicated that it was proposing to lift the suo moto extension of the limitation period granted by it on account of the COVID-19 pandemic, with effect from March 15 this year. Following this, on 8th March 2021, the Court passed an order ending the extension of the limitation period.

Read More


Plex v. Zee – better never than too late?

In a competitive global market, businesses need to strive to get ahead of their competitors. One of the ways to do this is by creating unique brand identities which help make a strong impact on the minds of consumers. Trademarks are especially useful in this respect, as consumers can easily make connections with their favourite products and services with the businesses that provide them, which in turn can ensure consumer loyalty.

Read More


Claiming multiple priorities for your trademark application in India

Businesses which have (or are) trying to register their trademarks in several countries would be familiar with the concept of priority rights. If a person has applied for registration/registered a mark in his home IP office at Country A, then on the basis of the original application, he can apply for the registration of his mark in Country B, claiming a “priority date” (from the original application in Country A) whereby his mark will be considered to be registered as on the date of application…

Read More


Legal Notices in Intellectual Property Right cases: A slippery slope?

More often than not, when a “bona fide” proprietor of the trademark (I use the term “bona fide” rather loosely here) finds unauthorized use of their mark by a third party, the first step taken (often) is to send the other party a legal notice. While some legal notices sent/received are convoluted and packed with legal jargon, some are brief and get the message across. A legal notice simply outlines the rights of the sender (“bona fide” proprietor) and cautions the infringing party to refrain…

Read More


Morality & IP – How far is too far?

“Intellectual property rights” is a paradox, where it promotes innovation and creativity, on the one hand, it might stagnate and monopolize ideas and business, on the other. With the development of human intelligence, complications also arose such that it became necessary to balance man’s imagination and the output of such imagination.

Read More