Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

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…

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.  

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!

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.

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.

Copyright is a unique animal among the various types of intellectual property. Usually, copyright vests in a work as soon as it is created, and registration of a copyright is not mandatory to obtain some form of legal protection. It is this aspect of copyright that gives rise to various types of copyleft and permissive licenses of copyrighted works, because it gives the creator of a work rights over their work immediately upon creation.

The word “copyright” is a legal term which has become entrenched in everyday conversation because of its ubiquity and widespread use. Copyleft, on the other hand, is a more obscure term which refers to a particular type of copyright license.

The business was with respect to hard boiled candies and the trademark had gradually acquired popularity among the public since then. The candies under the tradename PULSE were sold in various flavours inter alia were Kaccha Aam, Guava and Orange and it was packed in a unique way having distinct layout, get up and colour scheme.

On July 8, 2019 The Delhi High Court decided that a copyright infringement occurs when there is no ‘Originality’ under Section 13(3)(a) and Section 2(d) of the Copyright Act, 1957. To decide this, reliance was placed on two other cases- R.G. Anand v. M/s Deluxe Films and Ors., (1978) 4 SCC 118 and MRF limited v. Metro Tyres Limited, CS (COMM) 753/2017.

Recently, a batch of seven suits for injunction were filed in the Delhi High Court by Amway, Modicare, Oriflame against 1MG, Amazon, Flipkart and few other E-commerce entities for injunction to restrain  direct sellers from selling  the Plaintiffs’ products on the E-commerce platforms without the former’s consent. .