Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Nikita · 30 September 2014
Form 3 and Section 8: Disclosing Foreign Patent Applications in India
Section 8 obliges a patent applicant to keep the Indian Patent Office informed of corresponding foreign applications via Form 3. What must be disclosed, the current filing timelines under the 2024 Rules, and why non-compliance can cost you the patent.
Navarre Roy · 28 September 2014
Five Famous Trade Secrets — and How India Protects Them
Coca-Cola, Maggi, KFC, Hershey's and Krispy Kreme all guard recipes as trade secrets rather than patenting them. Why they choose secrecy — and how, without a dedicated trade-secret statute, India protects them through contracts and confidentiality.
25 September 2014
Can You Lose Your Trademark After Registration?
Registration is the start, not the finish. Licensing without quality control, five years of non-use, or letting the mark become the name of the product itself will each cost you rights that no certificate protects.
Nikita · 24 September 2014
Character Merchandising in India: Licences and Fan Art
Selling merchandise featuring a character — or fan art of one — usually needs a licence. How to obtain one in India, why it matters, and why fan art enjoys no clear safe harbour here.
Durga Bhatt · 18 September 2014
The Law on Acquiescence: Wake Up Before It's Too Late
Sit on your rights while someone uses your mark, and Section 33 can bar you from suing after five years. What acquiescence means, why mere delay isn't enough, and the ingredients an infringer must prove.
Nikita · 17 September 2014
Character Merchandising in India — Part One: Protecting the Character
From Chota Bheem stores to Mickey Mouse mugs, character merchandising is booming. Part one of a two-part series: what it is, and how trademark and copyright law can protect a fictional character across the goods it appears on.
17 September 2014
Protecting Jewellery Designs in India: Copyright vs Design
Online selling extends a jeweller's reach — and makes designs easy to copy. How copyright and design law protect jewellery, why the 50-article rule pushes you toward design registration, and the requirements and process (class 11-01).
Durga Bhatt · 12 September 2014
Assignment of Trademarks in India: The Four Types Explained
A trademark can be assigned completely or partially, with or without goodwill. What each type means, the deed requirements, and how to record the assignment with the Registry.
10 September 2014
Where Can You Sue for Trademark Infringement? Section 134 and Jurisdiction
The Bombay High Court confirmed that a trademark owner can sue for infringement where it carries on business — a jurisdiction Section 134 grants independently of where the defendant lives or the harm arose.
Durga Bhatt · 4 September 2014
Comparative Advertising: Where Puffery Ends and Denigration Begins
You may praise your own product as extravagantly as you like, and you may compare it with a rival's. What you may not do is denigrate theirs. Section 30(1) permits comparative advertising on honest practices; Section 29(8) is where it stops.
Nikita · 3 September 2014
Madrid Protocol: Using India as the Origin Country
Filing an international trademark with India as your origin country? The Madrid System's single filing and central management are attractive — but the five-year dependency (central attack), series-mark limits, and India's Registry backlog mean it isn't always the cost-saver it seems.
Navarre Roy · 30 August 2014
Misspelt Words as Trademarks? Not Kool
Spelling a descriptive word wrong — AER, SNAX, KOOL — rarely turns it into a registrable trademark. Why the Registry treats misspellings as descriptive, and the narrow exceptions where a clever mis-spelling actually works.