Intellectual Property Rights
Understanding the Indian Biological Diversity law, and its implications for Patent Applications involving Biological Resources
India's commitment to conserving its rich biodiversity is reflected in the Biological Diversity Act (BDA) of 2002. This legislation governs the use of biological resources and ensures that benefits arising from their use are shared fairly and equitably. For inventors seeking to patent inventions…
The Great Indian Copyright Conundrum: Goa’s Circular on Wedding Music and the Legal Tug-of-War
Goa, with its stunning beaches and lively festivities, has always been a popular destination for weddings and social events. However, a recent circular from the Goa government has stirred up a legal battle regarding copyright laws. This circular aimed to exempt wedding ceremonies and related…
Want to Remix a Song? Make sure not to get tangled with IP Infringement
In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved…
Court orders revival of opposition abandoned for not filing evidence in support on time when Counter Statement was not served
The petitioner, Coaster Shoes Company Pvt. Ltd., filed a writ petition seeking the quashing of an order passed by the Registrar of Trade Marks in October 2022, which abandoned their trademark opposition. The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel…
Swift action on trademark name changes: Court directs Trademark Office to expedite applications
The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company's name was changed following a…
Analysis of Jan Vishwas (Amendment of Provisions) Act, 2023 – An IPR Perspective
The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws…
Law and Disorder: IP Firms Targeted by Sneaky Impersonation Scams
Recently, a troubling trend has emerged where scammers are impersonating reputable law firms, pretending to be partners or representatives to defraud individuals and businesses. Their modus operandi involves targeting people with fake "legal notices" sent from email addresses that closely resemble…
Deemed Protection under Indian Trademark law and the Madrid Protocol
In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid…
Statement of Working of Patents (Form 27) filing not required in 2024
The Indian patent landscape has seen a significant shift with the recent amendments to the Patents Rules. As of March 15, 2024, the Patents Amendment Rules, 2024 have introduced a crucial change: patent owners now need to file working statements (Form 27) every three financial years instead of…
The Force Awakens - CGPDTM's Recent actions on contractual staffs in Trade mark office
The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality…