Decoding the Ambiguity: Sun Pharma vs. Dabur India and the Uncertainty of Extensions of Time at the Opposition Evidence Stage under Trade Mark Rules, 2017
June 1, 2024Intellectual Property Rights,Trademarks,IndiaOpposition,trademarks,intellectual property,ipr,extension of deadline
In light of the above, a recent ruling by the Delhi High Court in the case of Sun Pharma Laboratories Ltd v. Dabur India Ltd & Anr. has offered some clarity to the question surrounding extendibility of deadlines at the evidence stage of opposition proceedings. While deciding on whether deadlines at the evidence stage of opposition proceedings were mandatory or merely directory, it was observed that the use of terms like "one month aggregate" in Rule 50 of the 2002 Rules implied a mandatory time…
Personality Rights – Is it enough to protect us from AI?
May 29, 2024Intellectual Property Rightstrademarks,Copyrights,intellectual property,AI,ipr,Deepfake,Personality Right,Chat GPT,technology
Recently, many popular actors in our entertainment industry have been victims of very convincing Deepfake videos inciting widespread alarm all around. Rashmika Mandanna, Alia Bhatt, Katrina Kaif amongst many others have been victims of this wherein their face had been morphed in several lewd videos and circulated widely online. Deepfake videos, which use artificial intelligence to manipulate images and videos to make them appear genuine, have become alarmingly convincing also causing chaos in…
Amended Indian Patent Rules 2024 comes into force from March 15, 2024
March 25, 2024Intellectual Property Rights,PatentsPatent Amendments
The Patents (Amendment) Rules, 2023, initially circulated on August 23, 2023, for discussions and consultations with stakeholders, is now being notified and are officially in effect from March 15, 2024. The amendments tackle significant issues raised by patent filers in India, particularly regarding annual working statements, patent working details, Form 3 submissions concerning corresponding foreign applications, prosecution document filings, timeline extensions, and condonation of delays.
Understanding well-known trademarks application in India
September 8, 2023Intellectual Property Rights,Trademarks,Indiawell known trademark
The article aims to shed light on the nuances of well-known trademarks. It is divided into three parts: Part I discusses the origin and statutory provisions governing well-known trademarks in India; Part II analyzes the benefits of gaining a well-known trademark status for businesses; Part III details out the procedure for seeking a well-known trademark status, and Part IV concludes the article.
Use of a trademark as keyword in Google’s Ad Programme amounts to Use and Constitutes Infringement – Delhi High Court
August 29, 2023Intellectual Property Rights,Trademarks,IndiaInfringement,Delhi High Court,google ads
The Appellants, Google India (P) Ltd., is a non-exclusive reseller of the Google Ads Programme in India, whereas the Respondents were DRS Logistics (P) Ltd., and Agarwal Packers and Movers (P) Ltd., who are leading packaging, moving and logistics service providers in the country.
Interpretation of Section 16(1) of the Indian Patents Act in Syngenta Limited vs. Controller of Patents and Designs
August 29, 2023Intellectual Property Rights,PatentsDelhi High Court,Patent Office
The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. This section pertains to the power of the Controller to make orders regarding the division of patent applications, specifically focusing on scenarios where a divisional application is filed to address objections raised by the Controller. The case raises questions about the requirement of containing claims relating to multiple inventions in the…
Summary and Analysis of The Draft Patents (Amendment) Rules, 2023
August 25, 2023Intellectual Property Rights,PatentsPatent Amendments
The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Interested parties can submit their feedback.
Service of notice is completed when it is received by the party, not as soon as it is sent by the Trade mark office
August 20, 2023Intellectual Property Rights,IndiaTrademark Office,Madras High Court
When a trademark application is filed and subsequently accepted by the Trademark Office, it doesn't mean an immediate registration. Instead, the accepted application is published in the Trademarks Journal for third parties, who might have concerns or disputes about the trademark, to come forward and oppose the application.
A judicial lens on controversial IP realities in India
August 12, 2023Intellectual Property Rights,Trademarks,IndiaDelhi High Court,IP Practice
In a recent order passed on August 3, 2023, the Delhi HC in Ravi Manchanda v. Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. In a case that was described as ‘sui-generis’, the Hon’ble Judge drew attention to a critical discrepancy – the absence of the impugned "order" in the communication sent to the concerned parties.
Can’t sue for trademark infringement, but passing off remains an option if trademarks of both parties are registered rules Kerala High Court
July 28, 2023Intellectual Property Rights,Trademarks,IndiaInfringement,Passing off
The case involved a dispute between Wipro Enterprises Ltd., the registered owner of the trademark "Chandrika," in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark "Chandra" in respect of goods covered in class 3. The court's ruling sheds light on the rights and limitations of registered trademark owners and the grounds for seeking relief in cases of similarity between registered marks.