Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
28 April 2014
Protecting Integrated Circuit Layout Designs in India
Hardware startups have their own IP right, and almost nobody uses it. India's SICLD Act protects the layout of integrated circuits through a dedicated registry — original, non-commercialised, distinctive layouts get ten years of statutory protection.
Raja Pannir Selvam · 29 March 2014
No Monopoly Over Common Words: The 'Aachi' Trademark Dispute
'Aachi' means grandmother in Tamil — so the Madras High Court refused Aachi Spices an injunction against Aachi Cargo. When common words can (and can't) be monopolised, and why reputation and secondary meaning still matter.
Navarre Roy · 28 March 2014
The Five Commandments of Networking for Indian Lawyers
A satirical field guide to the unwritten code observed at networking events — dealing business cards like a blackjack dealer, reciting your firm's history like the Iliad, and guarding your contact from every colleague in the room. With, eventually, a serious point.
Raja Pannir Selvam · 27 March 2014
How Cadbury Lost Some of Its Trademarks in India (Non-Use)
When Cadbury injuncted ITC over 'eclairs', ITC hit back — filing to remove four Cadbury marks for non-use. Why registration alone doesn't prove use, and how the tribunal cancelled three of the marks under Section 47.
Raja Pannir Selvam · 26 March 2014
Of Animals and Trademarks: The Jaguar Watches Battle
Animal names make strong, arbitrary trademarks — until two brands share one. When Jaguar Cars fought a Swiss watchmaker over 'JAGUAR', the IPAB held that a phenomenal global reputation can trump a dictionary word and a co-existence deal.
Raja Pannir Selvam · 25 March 2014
The Case of 'Choclairs': Cadbury, Lotte and Spill-Over Reputation
Cadbury stopped Lotte using 'Choclairs' in India — despite Lotte's predecessor coining it decades earlier — because that older registration had lapsed and Lotte couldn't prove use. How reputation (not just local goodwill) and internet presence won Cadbury the injunction.
Raja Pannir Selvam · 24 March 2014
The Right to Be Heard: A Patent Refused Without a Hearing
Abraxis filed its response a day before the deadline and asked for a hearing. The Assistant Controller refused, recording that the request came late — it hadn't — then refused the patent on a ground nobody had pleaded. The IPAB called it a flagrant violation of natural justice.
Raja Pannir Selvam · 17 March 2014
Parodies and Trademarks in India: The Tata vs Greenpeace Case
Can you parody a trademark? India's clearest guidance comes from Tata Sons v. Greenpeace — the 'TATA vs Turtle' game. The Delhi High Court held that non-commercial parody drawing attention to a proprietor's conduct is free speech, not infringement.
Raja Pannir Selvam · 13 March 2014
When the Trade Marks Office Put Every Form Online
A 2014 upgrade completed the Trade Marks Office's e-filing system — every prescribed form, including online RTI applications. Written at the time, with a note on the Office's ₹101 crore revenue surplus and where it ought to be spent. Today e-filing is the default, and cheaper than paper.
Raja Pannir Selvam · 11 March 2014
BRAHMOS vs FIITJEE: A Well-Known Mark Protects Across Dissimilar Services
Educational institutions used 'BRAHMOS' for an aptitude test — until the makers of the supersonic missile sued. The Delhi High Court held BRAHMOS a well-known trademark, protected even against dissimilar services, and injuncted the copycat use.
Raja Pannir Selvam · 7 March 2014
Gulaab Gang: A Pre-Release Injunction Granted, Then Vacated in a Day
Sampat Pal sued over a film inspired by her pink-sari vigilante group, claiming defamation and IP violation. The Delhi High Court blocked the release on 5 March 2014. The producers appealed on the 6th, and the film opened on the 7th — with a disclaimer.
Raja Pannir Selvam · 3 March 2014
The 2014 Patent Fee Hike and the Birth of the 'Small Entity'
The 2014 Rules raised patent fees by 60% for individuals and 100% for large entities, while creating a middle 'small entity' tier for MSMEs. They also introduced the surcharge on paper filing that made electronic filing the default.