New initiatives from the copyright office for registration of copyrights in India
Digital technology is drastically changing our ways of life, whether it's home or office and the Copyright office is no exception to it. In its attempt to use the technology and to enhance transparency in Copyright prosecution in India, the Copyright Office recently issued a Public Notice wherein stating that the Copyright Office going forward shall publish on its website a list of all…
Taxes and Intellectual Property – Royalty payments in India
Intellectual Property Rights are one of the most valuable assets of organizations. To maintain a fine balance between promoting research and development and economic growth, various countries have different strategies regarding granting of intellectual property rights as well as other rights and the duties associated with them. We have been updating you about various developments in the sector by…
Indian Patent Office rejects compulsory license application for AstraZeneca’s Saxagliptin
Patents are generally granted to encourage inventions and to protect the rights of the inventor. However, the Indian Patent Act serves to strike a balance between protecting the rights of the inventor and making such patented products available to people at large for the betterment of the society, which is achieved by ‘compulsory licensing’. Under the Indian Patent Act, a compulsory license…
IP Office joins Startup India Campaign – Launches Scheme and Facilitators
Of late there has been a humongous upsurge in the number of Startups being launched in India, and alongside catching up pace, is the awareness about importance of protecting the intellectual property rights. The early stages in a new business is nothing short of a whirlwind for novice entrepreneurs who are burdened with the task of building the company, securing investments, planning their…
Introduction to domain dispute resolution in India
All domain registrations and disputes relating to .in domains are regulated by the .IN Registry. .IN registry is a part of the Nation Internet Exchange of India (NIXI) which is a not-for-profit organisation facilitating exchange of domestic Internet traffic.
IN Domain Name Dispute Resolution Policy (INDRP) lays down the rules and regulations (Dispute Resolution Policy and Rules of Procedure)…
Section 3(d) of the Indian Patent Act – Taking a blow at the WTO?
Section 3(d) of the Indian Patent Act, 1970 has been under the gun ever since it was introduced to the Act through an amendment in 2005. Foreign pharmaceutical companies have time and again failed to establish that the letter of this provision violates the TRIPS, and have, recently, in an aggressive move, tried to attack its validity by stating that the spirit of the section is not in compliance…
India’s first Semi-Conductor Integrated Circuit Layout Design Application
A couple of months back we’d written about the basics of protection of Semi-Conductor Integrated Circuit Layout Design (SICLD) in India and more importantly how there hadn’t been a single application filed, or registered till date.
The Semi-Conductor Integrated Circuit Layout Design Registry had been faithfully publishing the Journal, month after month with two standard lines - "The Registry…
Exhaustion of trademark rights in India – The whole world is one market, or is it?
The Division Bench of the High Court of Delhi says it is, after having ruled in favour of “International Exhaustion” in the case of Kapil Wadhwa vs. Samsung Electronics Ltd., the only latest case available on the Doctrine of Exhaustion in India. So the bundle of exclusive rights granted to a trademark holder does not seem to include the fact that they cannot restrain parallel importers of those…
Indian Trademark Filing Fee increased – Retrospective effect from August 1, 2014
A year ago, we wrote about the tentative amendment to the Trademark Rules which involved the increase in filing fees.
The Trademark Rules have been Amended and published in the Official Gazette of India issued by the Department of Industrial Policy and Promotion.
Indian Trademark Filing Fee
Changes:
As mentioned earlier, there are only two changes in the Indian trademark filing fee
The…
The Law of Designs and Passing-off in India
A recent judgment of the Bombay High Court that I came across addressed issues relating to the laws of design which I found very interesting, mainly because they weren’t issues that were touched upon previously. On reading the judgment, I found that it was the Delhi High Court which had first examined these issues in detail and what was also interesting to read was the dissenting opinion by one…