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 India supports the statement and the reasons for the same have been discussed below. The three WIPO Agreements have received accession from the Indian Government.[1]The three Agreements were…


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 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…


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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 elements of marks, and The Locarno Agreement establishing an International classification for industrial designs. Accession to the Nice, Vienna and Locarno Agreements will help the Indian Intellectual…


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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 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…


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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 furtherance of its aim to forestall the cross-border movement of counterfeit or infringing goods. In exercise of the powers conferred by sub-section (1) of section 156 of the Customs Act, 1962 (Act 52…


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 Policy 2016 which is ‘Creative India; Innovative India’. During 2016-17, the total number of applications filed was 3,55,393 (a decrease of 0.37% from that of the previous year). The applications filed for…


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Acting in Dual Capacity- Barred by law?

As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate’s firm or Solicitor’s firm to act in its professional capacity for the client. Many times, besides acting as Constituted Attorneys i.e. power of attorney holders, advocates also act as the advocates on record. The legal validity of this practice, which has become customary, has been questioned and debated upon in various judgments.…


Why Startups need to protect their Intellectual Property before disclosing it

Intellectual Property – Creations of your Mind ‘A hundred and one wonders our mind holds, And out of it rarely a creation unfolds!’ Isn’t that true? Imagine you have created something ingenious, what we formally call “Intellectual Property” or simply IP, like a truly mind-blowing technology/invention or an original design or a very simple yet original poem like the one above. So what would your next step be? Simply cherish the IP and give it all up for the others to use (the right word here is…


design infringement beer

There is more to your liquor than you know

As you may have noticed, liquor bottles are often so exquisitely designed that you would want to buy it just out of admiration for its design. The creative packaging of liquor is often underrated and many do not realize the intricacies involved in the process. In a rather interesting case, Carlsberg Breweries had filed an application with the High Court of Delhi seeking an injunction against Som Distilleries and Breweries Limited, manufacturers of ‘Hunter’ beer, restraining it from using a…


designs

“LABELS” excluded from the definition of Design

Recently the Delhi High Court while awarding the judgment in Midas Hygiene Industries Pvt. Ltd. vs. Sudhir Bhatia (Regular First Appeal No: 239, 240 and 241 of 2011) held that the LABELS on packages of goods are excluded from the definition of “DESIGN” under the Designs Act, 2000. The Delhi High Court, vide its judgment dated November 09, 2015 in the above mentioned case clarified the conflicting, rather overlapping provisions of the Copyright Act, Trademarks Act and the Designs Act. Facts: The…