Raja Selvam

Practice what you preach, especially if you’re an IP Lawyer

In an interesting turn of events, the Delhi High Court in Sujatha Chaudhri Vs Swarupa Ghosh ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh…


Delhi High Court decides on the appropriate jurisdiction (HC) for appeals against the orders of the Patent Office

The Delhi High Court in the matters of Dr. Reddys Laboratories Limited & Anr. Vs. The Controller of Patents & Ors. C.O. (CONN.IPD-PAT) No. 3/2021 with Thyssenkrupp Rothe Erde Germany GMBH Vs. The Controller of Patents & Anr. C.O. (CONN.IPD-PAT) 1/2022 and Elta Systems Ltd. Vs. The…


Delay in filing Request for Examination due to negligence of legal counsel - Madras High Court orders restoration of the abandoned patent application - India

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and…


Indian Patent (Amendment) Rules, 2020: Simplifying Statement of Working of Patents - Form 27

The much-awaited amendment to the Indian Patents (Amendment) Rules, 2020, came into force on 19 October 2020. The amendment relates to the Indian Patent Office's requirement of annual filing of the statement of working of patents by the Patentee/Licensee. Single Form for multiple related patents:…


What’s in a Surname – Trademarking Surnames

Surnames & Trademarks Businesses in India have often been started by using the surname or family name of the person starting such business. This practise has been followed in India for a very long time and such practice of adopting a surname for the name of the business is done purely so that…


Public Performance of Music & Copyright Licenses. Time to Face the Music?

Most commercial establishments often play popular music as a form of entertainment for their patrons. Step into any mall, hotel, pub, restaurant, or gym, and there is a high chance that they will be playing a song that you know. Since music falls under the scope of copyright as intellectual…


Express & Expedited request for examination of patent applications in India

Express and Expedited request for examination After filing any patent application in India, a request for examination must be filed with the Indian patent office without which the patent off will not take up the application for examination. Ordinarily, a request for examination of a patent…


Voluntary cancellation of trademark registration in India

Registration of a trademark in India is granted for a period of 10 years from the date of filing the application in India. The trademark registration can be renewed every 10 years infinitely.   Voluntary cancellation of trademark registration in India There are several occasions when the…


Improving the nuances of Patent Practice in India - One act of kindness is all that it takes

One of my colleagues received a call from the Deputy/Joint Controller of Patents & Designs at the Delhi Patent Office requesting to speak with the Patent agent who had filed certain requests in a patent matter. When the colleague enquired about the issue, the Deputy/Joint Controller explained…


Trading Trademarks – Assignments, Mergers, and Transmissions

Assignments, Mergers, and Transmissions of trademarks Trademarks, like all intellectual property, are an integral part of a modern business’ assets. It is not uncommon nowadays for the value of a business’ IP to far exceed its physical assets. Like any asset, trademarks can also be bought, sold,…