Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
30 May 2019
Canada's 2019 Trademark Overhaul
On 17 June 2019 Canada dropped its use requirement, joined the Madrid Protocol and Nice Classification, opened registration to scent and taste marks, and shortened terms to ten years. The predicted squatting problem arrived, and so did the tools to address it.
20 May 2019
Tips v. Wynk: Streaming Services Cannot Claim a Statutory Licence
Wynk's licence from Tips expired, negotiations failed, and Wynk kept the catalogue — invoking the statutory licence under Section 31D. The Bombay High Court rejected it on five grounds, including that the government circular relied on had no statutory force.
13 May 2019
Cadbury and the Colour Purple: A Lesson in Defining a Mark
Cadbury fought for decades to own Pantone 2685C purple for chocolate — then lost, because one word, 'predominant', made its mark too vague. Why colour marks must be defined with precision, and what the UK Court of Appeal decided.
17 December 2018
The Patent Amendment Rules That Widened Expedited Examination
Expedited examination had been limited to startups and applicants choosing India as ISA. The amendments extended it to small entities, female applicants, government undertakings and applicants under international arrangements — and removed several fees entirely.
12 October 2018
Trademark Registration, Renewal and Opposition in Qatar: A Guide
A practical guide to trademarks in Qatar under Law No. 9 of 2002 — what's registrable (and the classes that aren't), who can file, the single-class filing rule, the process and documents, the 4-month opposition window, the 10-year term, and non-use cancellation.
11 October 2018
Domain Name Disputes: How UDRP and INDRP Work
Someone registered a domain using your brand. How do you get it back? The three things you must prove, and the fast administrative routes — UDRP for global domains, INDRP for .in — that decide these disputes.
17 August 2018
Groundless Threats of Trademark Infringement in India (Section 142)
A threat of infringement made without legal basis — 'trademark bullying' — is itself actionable. How Section 142 lets an aggrieved party injunct the threats and claim damages, and what Bata v. Vitaflex decided.
27 June 2018
Trademark Infringement and Its Remedies in India
What counts as trademark infringement in India, who can sue, and what remedies exist? A clear rundown of the essential conditions, the civil, criminal and administrative remedies (injunctions, Anton Piller orders, damages), and why vigilance is the owner's job.
6 June 2018
Customs Recordal in India: Stopping Infringing Goods at the Border
Recording your IP with Customs turns the border into an enforcement point — once registered, importing infringing goods is deemed prohibited. The documents, bonds and information required, and the tight deadlines that apply once a consignment is suspended.
8 May 2018
Registering Your Brand with the Amazon Brand Registry
Amazon Brand Registry is free and gives sellers real tools against counterfeiters and listing hijackers. The catch is the eligibility requirement — historically a registered word mark, which is why what you file at the Registry determines what you can enrol later.
3 May 2018
The IP Office Annual Report 2016–17: What the Numbers Showed
Trademark registrations rose 284% and patent grants 55% in a single year, while filings fell slightly. A snapshot of the year the National IPR Policy reforms began to show in the statistics — and the gaps they did not close.
10 April 2018
Acting in Dual Capacity: Can an Advocate Also Be the Constituted Attorney?
Law firms often hold a power of attorney for non-resident clients and also appear as advocate on record. Indian courts say an advocate cannot do both in the same matter — but there is a clean way to structure it.