Industrial Designs

Renewal of Customs Recordal in India

In this current age, with counterfeit goods on the rise, measures such as recording one’s intellectual property with the customs authority in order to curb infringement is a necessity. More information regarding the procedure and requirements for recordal with the customs authority are available…


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

To alleviate the difficulties faced by lawyers and litigants across the country due to the nationwide lockdown imposed due to the COVID-19 pandemic, the Supreme Court on 23rd March 2020 passed an order in In Re: Cognizance for Extension of Limitation granting an indefinite extension of the…


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…


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…


India's Accession to WIPO Agreements – A Step Towards Knowledge Driven Economy

For an argument and with much precision one can state that, one of the reasons for transition of the world into knowledge driven economy is because of Intellectual Property Rights (IPR). The accession to the three WIPO Agreements (i.e., the Nice Agreement, Vienna Agreement and Locarno Agreement) by…


What’s in a Shape – Protection of a Shape as a Design v. Trademark

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…


India approves the proposal for accession to The Nice Agreement, The Vienna Agreement & The Locarno Agreement

The Government of India has approved the proposal for the accession of India to The Nice Agreement concerning the International Classification of Goods and Services for the purposes of registration of marks, The Vienna Agreement establishing an International Classification of the figurative…


Groundless/Baseless legal threat of infringement of trademarks in India

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…


Customs Recordal in India - Averting the cross-border movement of infringing goods

With the advancement of technology and the expansion of the grey-market, India is currently facing large-scale infringement issues which are drastically affecting the Indian Economy. Playing the vivid role of a gatekeeper the Customs Department of India has adopted the Customs Recordal system in…


A brief analysis of the Annual Report 2016-17 of the Indian Intellectual Property Office

The Annual Report 2016-2017, released by the Office of the CGPDTM has provided a detailed report of the recent changes in India’s IP regime. This post is a brief summary of the said report and an analysis of whether the recent changes have contributed in achieving the goal of the National IPR…