Intellectual Property Rights
Seeking Injunction in a Suit of Infringement and Passing off - Trademarks
Infringement & Passing Off The rights and remedies available under the Trade Marks Act, 1999 are not only limited to registered marks but also extend to unregistered marks. On one hand, an action for infringement provided for under Section 29 of the Act involves establishing issues such as…
Revisiting Copyright law and Artificial Intelligence – Part 2
In the part one of this article, here, we discussed about the general understanding of AI divided as ANI and AGI, ANI’s adoption and influence in the copyright law, and complexities arising out of the adoption of ANI while generating copyrightable works. Further, let us understand the intricacies…
Keyword Advertising and Trademarks
In this day and age, internet is a powerful tool for advertising with limitless reach and keyword advertising is the most popular form of digital advertising. It has generated massive revenue streams for search engines offering the service, for instance, Google’s ad revenue amounted to US dollars…
Recategorization of Patent Applicants and Implementation Barriers to Rule 7(3) of The Patents Rules
The Patents (Second Amendment) Rules, 2020 (hereinafter referred to as the ‘amendment rules’) that came into force on November 4, 2020, primarily recategorized the Applicants and the fees paid by them for filing and prosecution of a patent. Presently, the amendment has classified applicants into…
Revisiting Copyright law and Artificial Intelligence – Part 1
What is Artificial intelligence? Simply put Artificial intelligence (AI) is non biological intelligence. But what is ‘intelligence’? Well, there is no conclusive answer to the definition of ‘intelligence’ and over the years there is no agreement even among AI researchers on the definition of…
Delhi High Court creates Intellectual Property Division
As you may recall, the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 was promulgated by the President of India and notified on April 4, 2021. It amended several acts relating to Intellectual Property Rights (IPR), effectively abolished various Boards/Tribunals…
Trademark Clearance Searches for Devices & Shapes in India using Vienna Classification
The Vienna Classification which originated from the Vienna Agreement (1973) is an international classification of the figurative elements of marks (more on the Vienna Agreement and classification can be found here and more on India’s accession to the Vienna agreement could be found here). The first…
Prosecution history estoppel in India - A suit of armour or a double-edged sword?
Introduction Trademarks have over time, distinguished themselves as the popular kids among the Intellectual Property rights. This is so because they are perhaps the most protected amongst the bundle of IP rights and well, inevitably the face of your business. A trademark builds your brand value by…
Branding Due Diligence - Make it or Break it
“Buyers make most decisions by relying on their two-second first impressions based on stored memories, images and feelings.” – Malcolm Gladwell, Blink: The Power of Thinking Without Thinking Most of us know intuitively that first impressions are important. We don’t like to think that we judge a…
Indian Copyright (Amendment) Rules, 2021
While the country and the entire world is continuing its fight against the COVID-19 pandemic, offices and governments across the entire globe have not stopped working and have always ensured the best for its countrymen. Not very long ago, the Indian Designs Office notified the Designs (Amendment)…