Design Renewal in India
November 11, 2021Intellectual Property Rights,Industrial Designs,IndiaRenewal,design,India
Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Further, as per Section 11(2) of the Designs Act, 2000, a design may be renewed once for an additional period of 5 years anytime within the initial ten-year period of registration
Renewal of Customs Recordal in India
April 5, 2021Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,Indiacustoms recordal,intellectual property,customs
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…
INDIA – Lifting of extension of deadlines due to COVID-19
March 8, 2021Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Domain Names,CopyrightsIP India
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.
Summary of the Indian Designs (Amendment) Rules, 2021
January 27, 2021Intellectual Property Rights,Industrial DesignsLaw,Design Amendments
The Indian Government has recently notified an amendment to the Designs Rules, 2001. The Designs (Amendment) Rules, 2021 (“the Amendment Rules”), were notified in the Official Gazette on January 25, 2021, and are deemed to be in effect from that date.
Legal Notices in Intellectual Property Right cases: A slippery slope?
November 19, 2020Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Domain Names,CopyrightsInfringement,Protection
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…
India’s Accession to WIPO Agreements – A Step Towards Knowledge Driven Economy
June 11, 2019Intellectual Property Rights,Trademarks,Industrial DesignsWIPO,Nice,Vienna,Locarno,agreement
The three WIPO Agreements have received accession from the Indian Government.[1]The three Agreements were introduced through the WIPO treaties primarily to ease the search for trademarks and industrial designs. In this arena it is significant to understand the prominence of all the three Agreements. A brief understanding of all the three Agreements are as follows:
What’s in a Shape – Protection of a Shape as a Design v. Trademark
May 31, 2019Intellectual Property Rights,Trademarks,Industrial DesignsPassing off,shape mark,design
One of the significant judgements from the recent time is the order of the Delhi High Court in the popular Crocs case. In an order dated March 6, 2019, the Court rejected the maintainability of a suit for passing off, in the case of a registered design. It is important to note here that the Plaintiff had brought this suit after the Court had previously rejected its previous suit for infringement of its registered design, holding that the same was invalid on the ground of prior publication
India approves the proposal for accession to The Nice Agreement, The Vienna Agreement & The Locarno Agreement
March 14, 2019Intellectual Property Rights,Trademarks,Industrial DesignsIP India,Law,News
The accession is expected to instil confidence in foreign investors, applicants, businesses in relation to the protection of their Intellectual Property in India. The accession would also facilitate in exercising rights in decision-making processes regarding review and revision of the classifications under the agreement.
Groundless/Baseless legal threat of infringement of trademarks in India
August 17, 2018Intellectual Property Rights,Trademarks,Patents,Industrial Designs,CopyrightsInfringement,Litigation
The Indian Trademark Law grant exclusive rights to the trademark owner. The exclusivity here indicates that the trademark owner has the liberty to utilize his/her trademarks without any external interferences. The Indian Trademark Laws grants bundle of rights to the trademark holders and the rights of every trademark owner includes the right to commence and prosecute a legal action against infringement of his/her rights in a trademark. It is important that the action taken by the trademark…
Customs Recordal in India – Averting the cross-border movement of infringing goods
June 6, 2018Intellectual Property Rights,Trademarks,Patents,Industrial Designscustoms recordal
To record an IP right with the Customs, a right holder must submit an application in writing with the necessary documents and information.