Editorial Staff
Summary of the Indian Designs (Amendment) Rules, 2021
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. The Amendment Rules have sought to streamline…
Rise of the Machines: An IP perspective
Over the years, movies and TV series have driven our imaginations of the versions of AI. Whether it was Hal from 2001: A Space Odyssey, Samantha from the movie Her, Chitti from Endhiran or G.One from the Hindi movie- Ra. One, or simply every episode of the Black Mirror, the infinite possibilities…
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…
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…
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…
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…
Understanding the trademark distinctiveness spectrum
The primary purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another. If a mark is not distinctive, it could lead to confusion in the minds of consumers and deceive them as to the origin of the product or service it represents. To prevent…
Caught in the cross-hairs of the WIPO & Indian Trademark Office
The procedure and timeline to obtain registration for a trademark have evolved over time. After the amendment of 2017, the entire timeline has become quite stricter and quicker. We have all seen a lot of positive changes happening in the IP regime, however, there are still areas where we lag and…
Amendments brought about to INDRP for .in domain disputes
The National Internet Exchange of India (NIXI) has notified certain changes to the INDRP Rules of Procedure. The new policy is aimed at streamlining the INDRP process, making it easier for rights holders to protect and enforce their rights against unauthorized registration of .in domains or .in…
Statutory License, Royalties, Radio broadcasters and a Public Notice
Section 31 D of the Copyright Act, 1957 has been the bone of contention on many occasions with regard to issuing statutory licenses and the scope of broadcasters. In simple words, Section 31D of the Copyright Act 1957 states that any broadcasting organization that wishes to communicate sound…