Sound Board

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

In an interesting turn of events, the Delhi High Court ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh from using a deceptively similar logo.

In the Indian Patent system, an application for the grant of patent is  taken up for examination by the Indian Patent Office only when request for examination of the application is filed. Unless a request for examination is filed by either the Applicant or any other interested party there shall be no examination of a patent application. The time period for filing a request for examination shall be 48 months from the date of priority of the application or from the date of filing of the…

The Court held that in an intellectual property case, where the matter affects not only the disputants but also the consumers and the plaintiff has already exhausted all possible recourses to amicably resolve the matter, then the plaintiff’s application seeking exemption from instituting pre-litigation mediation proceedings in accordance with section 12-A of the Act can be allowed. Thus, it can be said that in intellectual property cases, such reliefs are granted by Courts not merely for the…

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…

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…

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.

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.

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…

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…

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.