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 Guidelines bridging the gap

The whispers have been incessant since the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office (IPO) and the Japan Patent Office (JPO), which commenced officially on November 21, 2019, by signing a Joint Statement of Intent (JSOI) to this effect in New Delhi. While aspiring applicants were flabbergasted on this homecoming move of the IPO the main question that remained in their minds was how this scheme would function. Clarifying the…


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…


Trademarks- A sanctioned vent of cultural appropriation-II

Trademark law and combatting Cultural appropriation After a wave of backlash faced by Kim Kardashian and Disney for cultural appropriation, the debate over Trademark law and cultural appropriation awakened. The IP community and the activists stand divided on the issue. While trademark is meant for a dual function of identifying and distinguishing from others, public interest and community sentiments have also been taken into consideration in trademark law. In the last post, we discussed the…


Trademarks – A sanctioned vent for cultural appropriation?

In the recent times we have seen bizarre trademark registrations from names like 'Blue Ivy Carter' to English phrases that are prima facie non-distinctive and could go out of style' (Taylor Swift, we’re looking at you). Imagine not being able to label your lungis, as 'lungi' because a juggernaut has registered a trademark for the word? Sounds ridiculous, doesn’t it? Kim Kardashian West attempted to trademark the word, 'kimono' for her new line of shapewear. The application was withdrawn…


Draft Model Guidelines on implementation of IPR policy for Academic Institutions

The Cell for IPR Promotion and Management, under the Department for Promotion of Industry and Internal Trade (DIPP) floated a 23 page model guidelines booklet on the implementation of IPR policies in Academic Institutions, in early September, 2019. In a bout to foster creativity and innovation, the CIPAM has taken this task up to themselves to add structure and a framework to the interaction between academia and academic institutions in relation to creation of Intellectual Property. For an easy…


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…


An Overview of Standard Essential Patents

If one must buy a mobile in today’s world, one always looks at specifications of the device, the software version, the latest features, etc. But did you know that there is an entire system that dictates the quality and features of technological devices, which everyone in the industry has to follow? This is the world of Standard Essential Patents, where technological development and trade are slowly but surely getting choked by the whims and fancies of their inventors, who know how to throw…


As Vistara Takes off –Legally

It is of common knowledge that planes fly by taking off, but sometimes they just have to take off in the other sense of the word! Rightfully! Recently, a case was filed by TATA SIA AIRLINES LIMITED (party to the VISTARA joint venture) against PILOT18 AVIATION BOOK STORE when they saw that the latter had been selling airline related products online that were containing the logos and designs of VISTARA. TATA claimed ‘passing off’ and wanted a permanent injunction with damages, as PILOT18 was…


Infringement & the Essential Feature of a Trademark

The importance of a Trademark and the benefits it confers on a business entity cannot in any manner be overlooked. Through a logo or a symbol, a Trade Mark is inherently capable of conveying a company’s reputation or goodwill on a cursory glance made by an average purchaser. Such being the case, any act of imitation of a trademark by a third party can have a detrimental impact to one’s business. Max – an essential feature? A dispute arose between Max Healthcare Institute Limited and Shahrudya…