Patents
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…
Automation of generation and issuance of patent grant e-certificates in India
In lines with the “E-Registration Certification” initiative of Trade Marks Office, the Controller of Patents and Designs recently issued a notice, whereby automating issuance of patent grant e-certificates with effect from July 03, 2017. The notice states that the generation of all patents granted…
Restoration of a lapsed patent in India
Patent protection is granted for a period of twenty years by the Indian patent office. For the patentee to enjoy the benefits of his patent, the renewal fees must be paid on time. Renewal fees are payable before the expiration of the second year from the date of the patent in respect of the third…
Pitfalls to Avoid in Indemnification Clauses in Tech Licensing agreements
Before signing a technology licensing agreement, carefully review all its provisions, including the indemnification clauses. Regrettably, this very important part of a licensing agreement is often treated as a boilerplate provision. Don't make the mistake of waiting till the last minute to review…
Software and Indian Patent Law, a good combination?
Intellectual property is known to be a fundamental pillar for the innovation of technology. Indeed, by granting protection to inventions, this law enhances investments in research and contributes to the increase of innovation. Nowadays, it must be noticed that innovation is not only in the…
Significant changes brought about by the Patent Amendment Rules, 2016
Following the publishing of the Draft Patent (Amendment) Rules, 2015 on October 26, 2015 for public comment and consideration, the Office of the CGPDTM has on May 14, 2016 issued a public notice on the publication of amended Patent Rules, 2003. Accordingly, the Patent (Amendment) Rules, 2016 were…