Delhi High Court decides on the appropriate jurisdiction (HC) for appeals against the orders of the Patent Office
November 12, 2022Intellectual Property Rights,PatentsJurisdiction,Delhi High Court,patents
The Delhi High Court in the matters of Dr. Reddys Laboratories Limited & Anr. Vs. The Controller of Patents & Ors. C.O. (CONN.IPD-PAT) No. 3/2021 with Thyssenkrupp Rothe Erde Germany GMBH Vs. The Controller of Patents & Anr. C.O. (CONN.IPD-PAT) 1/2022 and Elta Systems Ltd. Vs. The Controller of Patents C.A.(COMM.IPD-PAT) 169/2022 decided upon the question, of whether upon the abolishment of the Intellectual Property Appellate Board (“IPAB”), all High Courts can entertain revocation petitions…
Pre-Litigation Mediation in Commercial Disputes in India
November 9, 2022Copyrights,India,Intellectual Property Rights,Trademarks,Patents,Industrial Designsintellectual property,Commercial Disputes,Mediation
Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties who help the parties to communicate, discuss the differences and resolve the dispute. ADRs are a set of methods that enable individuals and group to maintain cooperation, and social order and provides…
Delay in filing Request for Examination due to negligence of legal counsel – Madras High Court orders restoration of the abandoned patent application – India
November 5, 2022PatentsPatent Deadlines,Request for Examination,Rule 137
The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. The present writs were filed to challenge the orders dated May 3, 2016, passed by the Deputy Controller of Patents and Designs, which had dismissed the applications filed by the applicant since the request for examination was not filed within the prescribed timeline of…
FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark
November 3, 2022India,TrademarksInfringement,Passing off,trademarks
The Delhi High Court’s Justice Jyoti Singh vide her order dated October 28, 2022 has vacated an ex-parte ad interim injunction (dated January 21, 2022) against Tata Sia Airlines for using the mark ‘Fly Higher’ in their promotional campaigns. Justice Singh in her order has deliberated the question of whether the registration of the trademark 'Fly High’ by the plaintiff could prevent the defendant from using the phrase 'Fly Higher' in their promotional campaigns.
Trademark renewal in Pakistan
April 27, 2022Pakistan,Intellectual Property Rights,Trademarkspakista,trademarks,intellectual property
A trademark in Pakistan can be renewed for a period of 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark.
Maintaining a Trademark in Sri Lanka
April 18, 2022Sri Lanka,Intellectual Property Rights,Trademarksintellectual property,srilanka,Renewal,trademarks
A trademark once registered in Sri Lanka, is valid for a period of 10 years from the date of filing of the application or from the date of last renewal, as the case maybe.
Moment Marketing and its legal implications
April 5, 2022India,Intellectual Property Rights,TrademarksAdvertising,trademarks,intellectual property
The power of the internet, in particular that of social media is humungous. People are constantly tied to their phones, eyeing for any latest news that may spring up, be it in the form of a tweet, a meme or a viral video. So, when used strategically, social media rather becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? It is marketing in…
Case Brief: Sun Pharmaceuticals v. Cipla Ltd – IP Infringement or Global Medical Crises?
April 2, 2022India,Intellectual Property Rights,TrademarksCopyright Infringement,trademarks,Infringement,Passing off
Recently, the Madras High Court, in the case of Sun Pharmaceuticals (Applicant/Defendant) v Cipla Ltd (Respondent/Plaintiff) refused to vacate the interim injunction against the Applicant. The Plaintiff, Cipla Ltd, was seeking directions against Sun Pharma, claiming that the Defendant was selling medicines under the mark “Respule” which was alleged to be deceptively similar to the marks “Budecort Respules”,“Duolin Respules” and “Respules” of the Plaintiff. Cipla Ltd brought in an action for…
The much needed check: An order of the Delhi High Court
March 30, 2022India,Intellectual Property Rights,Trademarksintellectual property,trademarks,India
In a welcome move, the Delhi High Court ordered that trademark applications' whose opposition period would have expired during the suspension period shall stand extended till May 30, 2022. Accordingly, the registration certificates issued during this period will also stand suspended till May 30, 2022.
Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?
March 29, 2022India,Intellectual Property Rights,Trademarkstrademark bullying,trademarks,intellectual property
The law of trademarks firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. However, there are instances when economically stronger entities or large corporations aggressively secure their intellectual property against, mostly, smaller entities without any justifiable grounds. Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of…