Indian IP office notifications relating to the extension of deadlines at the time of COVID-19
Notifications by the Indian Intellectual Property Office during COVID-19 The paranoia around the COVID-19 continues to etch the air with causalities, while the citizens and the government continue to strive to put their best foot forward to ensure maximum safety and avoid anarchy. With this, we would like to inform you that, the Indian government has been meticulous in their work and has always ensured the best for its citizens which is reflected in each of its departments, ministries, and…
The Bridge to India- The potential of the recent PPH agreement
With the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office under the Controller General of Patents, Design and Trade Marks (CGPDTM) and the Japan Patent Office (JPO), the floodgates to investments and financing in India has opened opportunities beyond borders. The patent offices of these countries have inked an agreement for expeditious grant of patents to Indian entities and individuals. This initiative will initially commence on a pilot…
The Right to be Forgotten
They say that the internet never forgets… well, it looks like things are about to change. Introduction Privacy law was seen in a new light in two landmark judgements given by the Court of Justice of the European Union (CJEU). The judgements will act as a significant precedent when it comes to shaping of Indian legislations and case law on the issue of privacy, which is why it is important to understand its direction. Google v. Spain (2014) This well-known judgement caused a wave that led to the…
The Influence of the Influential
Celebrities influence us the deepest. Irrespective of our ‘literacy’, they help us ‘decide’ whether to buy a particular brand or not, through their appearances in advertisements. There is no denial in this. Their influence is profound especially in India. A celebrity endorsing a product or service, serves as a promise of quality and trust and strikes an instant credibility to the brand. However, the major question that arises here is whether their ‘influence’ is good or bad. Celebrities, for…
The Trademark Office to the rescue; to rectify errors and issue fresh Trademark Registration Certificates.
Trademark holders can finally stop fretting over errors in their trademark registration certificates with the much-welcomed notice by the Indian Trademarks Office dated September 6, 2019. After multiple requests from the Trademark Owners and trademark Counsels troubled with wrong details on the trademark registration certificates, the Trademark Office has gotten the ball rolling by affording an opportunity to make right the errors made by the Trademark Office on the Registration Certificates…
Delhi HC rules against E-Commerce Platforms
In the world of E-Commerce, Intellectual Property (IP) owners face challenging times owing to counterfeit products being sold by unauthorized sellers on E-commerce platforms and it is not merely the unauthorized sellers but the unbridled and elusive E-commerce entities to be considered as well. Recently, a batch of seven suits for injunction were filed in the Delhi High Court by Amway, Modicare, Oriflame against 1MG, Amazon, Flipkart and few other E-commerce entities for injunction to restrain…
Guidelines for Permitted Use of Indian Geographical Indication (GI) Logo and Tagline
Darjeeling Tea, Mysore Silk, Nagpur Orange, Tirupathi Laddu, Feni, Banaras Brocades and Sarees are a few among the many registered geographical indications, in short, GIs in India. In simple words, GI is an indication or sign which helps identifying a product originating from a particular location, which gives that product a special quality or reputation. These products are protected under the Geographical Indications of Goods (Registration and Protection) Act, 1999 in India. The Indian…
The Case of Dynamic Injunction
In a recent judgement (UTV & Ors. vs. 1337x.to & Ors.), the Delhi High Court set a precedent by issuing India’s first-ever ‘dynamic injunction’ against websites who were deemed to be infringing upon the rights of copyright holders. Under this remedy, if the Plaintiffs are made aware that an infringing website has resurfaced under a different name, they can simply approach the Joint Registrar of the Delhi High Court to extend an existing injunction against the new website rather than…
Customs Recordal in India - Averting the cross-border movement of infringing goods
With the advancement of technology and the expansion of the grey-market, brands worldwide are currently facing a large-scale import and export of infringing/false & counterfeit goods. Accordingly, to stop the illegal import/export of the counterfeit goods and products into the Indian market, the government has taken strict steps and bought in new amendments in getting the IP registered with the Customs Authority. Please find below more details on procedure and documents required for the…
Privacy Law in India – The Personal Data Protection Bill, 2018
Privacy (and particularly data privacy) has become a major talking point over the last few years. With the exponential growth in digitization of services and expanded surveillance capabilities (both government and the private sector), more and more citizens around the world have pushed for governments to legislate strong privacy controls. The most prominent example of this is Europe’s General Data Protection Regulation (GDPR), which we’ve covered in a series of posts. In the Indian context, the…