Industrial Designs
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…
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.…
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…
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,…
“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…
Good Earth sues India Circus for passing-off their designs
The Delhi High Court recently granted an injunction against India Circus on a suit filed by Good Earth for passing-off of their designs, particularly for motifs, logos, patterns of Serai, Periyar, Vrindavan, Lotus, Bali Mynah, Rose Princess and Falcon on products. The Court has discussed…
Introduction to protection of designs in India
Protection for the aesthetic appeal of a product can be obtained by registering a design with the Designs Office in India by filing an application online or with one of the IP Offices in Mumbai, Chennai, Kolkata or New Delhi. After filing, all subsequent proceedings are conducted by the Designs…