Court comes to the rescue of the IP holders in India – Extension of deadlines due to COVID-19
May 12, 2020Intellectual Property RightsIPO Public Notices,COVID-19
The Supreme Court of India had taken suo motu cognizance and rendered a laudable order on March 23, 2020, by extending the period of limitation in all matters, irrespective of the genre of laws. It held that a period of limitation in all proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended with effect from March 15, 2020, until further order(s) are passed in the proceeding.
Updates from the IP offices in the Indian Sub-Continent (COVID-19)
April 20, 2020Intellectual Property Rights,Trademarks,PakistanIPO Public Notices
Subsequent to the lockdown/restrictions announced due to the COVID-19 situation, by the Government of India, Pakistan, Sri Lanka, Nepal, Bangladesh & the Maldives the respective IP offices have either suspended their operations or have limited staff working remotely.
Indian IP office notifications relating to the extension of deadlines at the time of COVID-19
March 23, 2020Intellectual Property Rights,Trademarks,Patents,CopyrightsTMO Public Notices,IPO Public Notices
The paranoia around the COVID-19 continues to stretch the air, people, 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 have been meticulous in their work and have always ensured the best for its citizens, with this the Indian Patent Office, the Indian Trade Marks Registry and the Indian Copyright Office have released their official notices dated,…
Pre-grant patent opposition in India
February 18, 2020PatentsIndia,Pre-Grant Opposition,Patent Opposition
The pre-grant opposition can be filed by anyone at any time from the date of publishing of the patent application in the patent journal up to its grant. To initiate a Pre-Grant Opposition, the aggrieved party must submit their opposition representation, in writing to the Controller. This submission may be supported with additional and relevant evidence to substantiate the claims made therein.
The Bridge to India- The Guidelines bridging the gap
December 4, 2019TrademarksIndia,patent,guidelines,Japan,Patent Office,PPH Agreement
The Indian Patent Office (IPO) released the guidelines on November 29, 2019. These procedure guidelines mention the procedures that applicants need to follow while requesting for expedited examination under the PPH pilot program.
The Bridge to India – The potential of the recent PPH agreement between Japan & India
November 27, 2019Intellectual Property Rights,TrademarksIndia,patent,Japan,Patent Office,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.
Trademarks- A sanctioned vent of cultural appropriation-II
October 21, 2019Trademarkstrademarks,cultural appropriation,communities,sentiments
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.
Nei Patent ; Nei Infringement
October 11, 2019PatentsDelhi HC,India,patents,pharmaceutical
Upon a thorough examination, the Court concluded that if a patent has not been renewed, no action for infringement would lie. Similarly, once the patent is published, no infringement action can be filed until the patent is granted, though damages can be sought with effect from the date of publication. Thus, the continuation of an injunction, even for a day, would not be permissible once the patent is revoked.
Subtitle – Another Movie?
October 1, 2019CopyrightsCopyrights,India,subtittles,cinematograph act
This order by the Hon’ble Bombay High Court, delivered on 28th September, 2019 pertaining to subtitles in movies, is one such droplet that will potentially open the floodgate for the entertainment and media law sector in India.
Trademarks – A sanctioned vent for cultural appropriation?
September 30, 2019Trademarkstrademarks,intellectual property,cultural appropriation
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 following backlash from netizens accusing Kim for cultural appropriation. This is not the first time the global community has created an uproar about a trademark being cultural appropriation of a community.