Customs Recordal in India – Averting the cross-border movement of infringing goods
July 9, 2019Intellectual Property RightsInfringement,India,customs,goods
With the advancement of technology and the expansion of the grey-market, brands worldwide are currently facing a large-scale import and export of infringing/false & counterfeit goods. Accordingly, to stop the illegal import/export of the counterfeit goods and products into the Indian market, the government has taken strict steps and bought in new amendments in getting the IP registered with the Customs Authority.
The Curious Case of ‘Legal Fakes’
July 1, 2019Trademarkslegal fakes,Supreme
A classic examples of legal fakes is the case of Supreme Italia, a company that has established its presence depending solely on the concept of legal fakes. The strategy that was adopted by the brand was to simply target the less informed customers into believing that it was dealing in products that were from the original brand Supreme.
Privacy Law in India – The Personal Data Protection Bill, 2018
June 25, 2019Intellectual Property RightsIP India,Privacy,India,Data Privacy
Privacy (and particularly data privacy) has become a major talking point over the last few years. With the exponential growth in digitization of services and expanded surveillance capabilities (both government and the private sector), more and more citizens around the world have pushed for governments to legislate strong privacy controls.
Adidas Losses Battle Over its Three-Stripe Trademark
June 24, 2019Intellectual Property Rights,TrademarksEuropean Union,pattern mark,figurative marks
The name Adidas is not new, and neither are its products. But in a major twist and what appears to be a blow, the European Court has ruled that the “three stripes” brand/trademark of Adidas was not distinctive enough.
Key Features of the GDPR
June 24, 2019Intellectual Property RightsGDPR,European Union,Privacy,Data Privacy
The European Union’s General Data Protection Regulation (GDPR) is one of the most significant pieces of legislation in any sector that has been enacted in recent years. Since its enforcement in May 2018, the GDPR has already seen a critical transformation in the way that various organizations store, handle, and process user data. We’ve provided an overview of the GDPR and some of its key features in an earlier post, which can be seen here. In this post, we’ll be examining some of the key…
Privacy in the 21st Century- An Introduction to the GDPR
June 24, 2019Intellectual Property RightsGDPR,European Union,Privacy,Data Privacy
There has been a lot of discussion about privacy (particularly online privacy) over the last couple of years, most of which has coincided with the rise of social media, improved surveillance and monitoring techniques, and the use of user data as a commodity. Several industries have risen solely on the back of harvesting, selling, and trading user data in recent years. Advertisers now use user profiles compiled from aggregating search history, browsing habits, and media consumption to deliver…
A Guide to registration of Copyrights- Cinematograph Films
June 21, 2019Intellectual Property Rights,CopyrightsRegistration,Copyrights
Visual recording means “means the recording in any medium, by any method including the storing of it by any electronic means, of moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method as defined under section 2(xxa) of the Act.
Cybersquatting and Fraud – Delhi HC Grants Injunctive Relief to Colgate Palmolive
June 21, 2019Intellectual Property Rights,Domain Namesinternet,NIXI,cyber-sqatting,Delhi HC
In a case of fraud, the High Court of Delhi has recently cracked down on unidentified persons who solicited money deposits in the garb of job interviews for a position in Colgate Palmolive Company. In two orders dated 12 April and 15 May, 2019, the High Court of Delhi has ordered an ex parte ad interim injunction against unnamed defendants, after Colgate Palmolive filed a suit.
India and the GDPR
June 21, 2019Intellectual Property RightsIP India,GDPR,Privacy,India,Data Privacy
As mentioned in our earlier article on the key features of the GDPR, one of the major changes brought in are the restrictions placed on exporting of personal data. Under the GDPR, personal data cannot be exported outside the European Economic Area unless the export jurisdiction has been certified by the European Commission to have appropriate data protection measures, or specific export mechanisms have been put in place.
Exploring the Not-Very-Common Provisions of Section 9
June 19, 2019Intellectual Property Rights,Trademarksabsolute grounds,Section 9
Section 9 per se is not an easy provision to get through, laying down several criteria for determining if a trademark is entitled to be accepted. While Section 9(1) is the most common provision one can perceive in an examination report, Section 9(2) is a provision which leaves no stones unturned.