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 The application was withdrawn following backlash from netizens accusing Kim for cultural appropriation.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.
The Influence of the Influential
September 24, 2019Intellectual Property Rightsintellectual property,ASCI,Advertising,celebrity,guidelines
Celebrities influence us the deepest. Irrespective of our ‘literacy’, they help us ‘decide’ whether to buy a particular brand or not, through their appearances in advertisements. A celebrity endorsing a product or service, serves as a promise of quality and trust and strikes an instant credibility to the brand.To keep a check on this the Advertising Standards Council of India (hereinafter ‘ASCI’) released a set of guidelines in 2017 to ensure that the advertisements starring them are not…
Draft Model Guidelines on implementation of IPR policy for Academic Institutions
September 17, 2019Trademarksintellectual property,ipr,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.
The Trademark Office to the rescue; to rectify errors and issue fresh Trademark Registration Certificates.
September 13, 2019Intellectual Property Rights,TrademarksTrademark Office,TMO Public Notices
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
September 9, 2019Trademarksintellectual property,MAX,SEP,FRAND
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 their weight about especially without the sufficient restraints of law.
As Vistara Takes off –Legally
September 9, 2019TrademarksInfringement,trademarks,intellectual property,TATA,Vistara
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!
Infringement & the Essential Feature of a Trademark
September 3, 2019TrademarksInfringement,trademarks,intellectual property,MSME,MAX
The importance of a Trademark and the benefits it confers on a business entity cannot in any manner be overlooked. A dispute arose between Max Healthcare Institute Limited and Shahrudya Health Care Private Limited, the Plaintiffs and Defendants respectively.
Intellectual Property Rights & MSME- Bridging the Gap
August 26, 2019Copyrightsintellectual property,open source software,MSME
the Engineering Export Promotion Council Chairman, Ravi Seghal, emphasized on the need for the adoption of Intellectual Property rights to protect innovative ideas and strategies of Micro, Small and Medium enterprises (MSME’s) in a highly competitive global economy.