Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Rohit Magesh · 24 June 2024
Refurbished Goods and Trademarks: The Rules for Reselling in India
Can you resell refurbished branded goods after stripping the original label? An Indian court said removing the mark forfeits the 'exhaustion' defence — and laid down clear guidelines refurbishers must follow.
Vaniah Dominic · 12 June 2024
Email Service by the Trademark Registry: Efficiency or a Loophole?
Indian courts have held that a successfully sent email does not prove receipt — relief for parties who miss deadlines through no fault of theirs, but a gap that can be exploited in opposition proceedings.
Raja Pannir Selvam · 8 June 2024
A Four-Day Delay Need Not Kill a Patent: Rule 137 and the Controller's Discretion
The Madras High Court reinstated a patent application abandoned over a four-day-late FER response, holding the Controller has discretion under Rule 137 to condone such delays — and must actually consider a condonation request.
4 June 2024
The Cinematograph (Certification) Rules, 2024: What's New
India's film-certification rules got a major update — online applications via e-cinepramaan, faster timelines, perpetual certificate validity, new age-based UA sub-categories (7+, 13+, 16+), accessibility features, and greater representation for women on the Board.
Adlin Mini M · 1 June 2024
No More Extensions at the Opposition Evidence Stage: Sun Pharma v. Dabur
The 2017 Rules dropped the language allowing extensions to file evidence in opposition. The Delhi High Court in Sun Pharma v. Dabur held the omission was deliberate — miss the two-month window and the opposition is abandoned.
Keerthana K · 29 May 2024
Deepfakes, AI and Personality Rights: Is the Law Enough?
AI deepfakes of Rashmika Mandanna, Amitabh Bachchan and others have made personality rights urgent. Why existing copyright and trademark law only partly help, how courts are stepping in with personality-rights orders, and why the law must evolve.
25 March 2024
The Patents (Amendment) Rules, 2024: What Changed
In force from 15 March 2024, the amended Patent Rules cut the RFE window to 31 months, eased Form 3 and Form 27 burdens, added a renewal-fee discount for advance payment, and allowed voluntary divisional applications. A rundown of the key changes.
Karishma Sree · 8 September 2023
Well-Known Trademarks in India: What They Are and How to Apply
A well-known trademark is protected across all goods and services in India — not just the ones it is registered for. What qualifies a mark, the two routes to recognition, and how to apply under Rule 124.
29 August 2023
Divisional Patent Applications: Section 16(1) in Syngenta v. Controller
Can you file a divisional patent application voluntarily, or only to answer a Controller's objection? A single judge read Section 16(1) narrowly against Syngenta — a reading a Delhi HC Division Bench soon revisited and settled in favour of suo-moto divisionals.
29 August 2023
Keywords as Trademark Use: Google LLC v. DRS Logistics
The Delhi High Court held that selling a registered mark as an advertising keyword is 'use' under Section 29(6), and that Google cannot claim intermediary safe harbour for a programme it actively runs. But use alone isn't enough — confusion still has to be shown.
25 August 2023
The Draft Patents (Amendment) Rules, 2023 — and What Was Enacted
The draft proposed cutting the examination request deadline from 48 to 31 months, moving Form 27 to a three-year cycle, easing Section 8, and adding Form 31 for prior public display. Most of it was enacted in March 2024.
Raja Pannir Selvam · 20 August 2023
Service Is Complete on Receipt, Not on Sending: The Section 21(2) Rule
The Madras High Court held that the counter-statement deadline runs from when the applicant actually receives the opposition notice — not when the Registry sends the email. Section 21(2) prevails over Rule 18.