Sound Board

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

Just as the image says, I would like to get to the point. But well..it is certainly not that easy! One of the most interesting debatable matters, atleast as far as India is concerned, is the validity of tag lines as trademarks.

It is not the answer that enlightens, but the question.This is rather apt for the India IP scenario where many individuals and companies have been approaching the Courts with rather interesting questions (ones that we have always wanted answers to) and Courts have been very liberal, and cautious at the same time while interpreting these provisions of the intellectual property laws. With specific reference to the confidentiality clauses, non-disclosure agreements and trade secrets, there have…

I swear I can almost hear that thought passing through the cerebral cortex of many a client when it comes to discussing charges. Never mind that, as a part of a mid sized firm, I deal with flat fees instead of hourly and advise on strategic ways to reduce costs, when it comes to contract and prosecution of intellectual property, most people think they can do it on their own without a lawyer.

Rectification of the register is a proceedings in which a party seeks to remove a registered trademark from the register. In India, Section 47 of the Trademarks Act lays down two scenarios regarding removal of a registered trademark, they are :

As mentioned in my previous articles, the life of a trademark is ten years in India post which the mark requires to be renewed every ten years to keep the mark alive. Of course, the Trademark law requires the Trademark Office to notify the proprietor before the expiry of registration. Now the question that arises is :

Celebrities in India (particularly actors and film makers) have become extremely vigilant of their rights. There has been a considerable increase in the number of cases requesting for John Doe orders, recognition of celebrity rights and the number of trademark applications for the name of famous personalities have arisen. The Courts in many cases have recognized the concept of personality rights and have even decided cases when there has been unauthorized use of a personality’s name. However, a…

Did you know? By merely browsing a website on the internet, you have actually agreed to the website’s terms and conditions and privacy policy? Now that you are anyway bound by it by merely browsing the website, it would be best if you could actually go through it just to know the way in which your personal information which you may provide is going to be used. Just think about it. Okay other than our names I think everything else that we fill in on a standard log in form involves us disclosing…

Ever wanted to know the recipe for your favourite dish in a restaurant? Or wished that you could make Pringles at home? They wouldn’t be special or in demand anymore if you could do make it by yourself! This got me thinking on the best ways to protect food recipes and prompted me to write this article.

The efficiency of the Indian judiciary has been the subject of many a discussion at both professional and personal gatherings that I’ve attended. The media has covered the overwhelming case backlog and seemingly infinite expanse of time that it would take to clear them. Most often the general public believes that taking something to Court, would end up in a judgement approximately two decades later, orders that rarely benefit either side, a staid interpretation of the law and that the only…

Who does not love chocolates?But the British in America do not seem to be in for "any" chocolate; much to their dismay though.