Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Raja Pannir Selvam · 12 November 2022
After the IPAB: Which High Court Hears Patent Appeals and Revocations?
With the IPAB abolished, patent appeals and revocation petitions moved to the High Courts — but which one? The Delhi High Court set the rules: appeals follow the 'appropriate office', revocations lie where the patent's effect is felt.
Sampada Kapoor · 9 November 2022
Pre-Litigation Mediation in Commercial Disputes in India: The Section 12A Process
Section 12A makes pre-institution mediation mandatory before most commercial suits. The step-by-step process, the fees, the Patil Automation ruling — and the drawbacks that make it feel like a formality.
Raja Pannir Selvam · 5 November 2022
Counsel's Negligence Shouldn't Kill Your Patent: Madras HC Restores an Abandoned Application
A docketing error by local counsel meant a patent's request for examination was filed late — and the Patent Office abandoned it. The Madras High Court restored it, holding an agent's negligence can't extinguish an applicant's statutory rights.
3 November 2022
Fly High v. Fly Higher: Descriptive Use Is Not Trademark Use
Frankfinn's registered 'Fly High' couldn't stop Vistara using 'Fly Higher' in a campaign. The Delhi High Court held that using a phrase descriptively — not as a source identifier — is not trademark infringement.
Abhishek R. · 27 April 2022
Trademark Renewal in Pakistan: Terms, Late Renewal and Restoration
A trademark in Pakistan lasts ten years and is renewable — but the second renewal requires proof of use, and missed deadlines run through late renewal and restoration windows. The timeline explained.
Aiswarya Kameswaran · 18 April 2022
Maintaining a Trademark in Sri Lanka: Renewal and the No-Restoration Rule
A Sri Lankan trademark lasts 10 years and renews on Form M05 — with a six-month grace period on a 10% surcharge. But there's a sting: Sri Lanka has no restoration. Miss the grace window and the mark is gone for good.
S. Sandhya · 5 April 2022
Moment Marketing and Its Legal Implications
Brands love riding a trending moment — but when they slapped their logos on PV Sindhu's Olympic win, it crossed into infringement. How trademark law, personality rights and the ASCI Code protect celebrities from unauthorised moment marketing.
Madhuharanjani Prabakaran · 2 April 2022
Sun Pharma v. Cipla: IP Rights Hold Even in a Medical Emergency
The Madras High Court refused to lift an injunction against Sun Pharma over the 'Respule' mark, holding that a pandemic and public-interest arguments cannot excuse a slavish imitation of a rival's trade dress.
30 March 2022
COVID Deadline Extensions: The Registry Issued Certificates It Shouldn't Have
The Supreme Court suspended limitation periods through the pandemic. The Trade Marks Registry issued registration certificates anyway, denying some opponents the chance to oppose while allowing others. The Delhi High Court's IP Division reopened the window.
29 March 2022
Groundless Threats and Trademark Bullying: What Section 142 Does
A bigger brand fires off cease-and-desist letters with no real case. Section 142 lets the party threatened hit back — an injunction, damages, or a declaration that the threats were unjustified. How it works, and its limits.
Jacob Ninan · 28 March 2022
Fantasy Sports and Trademarks: Whose Rights Are in Play?
Fantasy sports is a booming game of skill — but it collides with the trademarks and publicity rights of leagues, teams and players. How Indian law treats team marks, athlete names (Section 14), and personality rights, and why licensing is the fix.
Shana Varughese · 17 December 2021
Can You Register a Single Letter or Number as a Trademark in India?
Single letters and numbers usually fail as trademarks in India for want of distinctiveness — but stylised device marks and arbitrary numerals can and do get through. Where the line falls.