India

Trademark Pulse pulses the Deceptively similar Pulser

In this case, the Plaintiff had instituted a suit against the Defendant and his proprietorship for infringement of trademark, copyright, trade dress, layout, colour combination, get up of the Plaintiff’s trademark PULSE candies adopting the trademark PULSER along with a deceptively similar trade…


The battle of the ‘JABARDASTH’ vs ‘BAND BAJA BAARAAT’

On July 8, 2019 The Delhi High Court decided that a copyright infringement occurs when there is no ‘Originality’ under Section 13(3)(a) and Section 2(d) of the Copyright Act, 1957. This is an essential feature for any right claiming copyright infringement, and was missing in the subject matter…


No Moral Rights over Destruction of a Work: Delhi High Court

In the world of construction, an architect holds a remarkable position. Generally, an architect is often subjected to resentment, and faces multiple disputes when he or she tries to balance between the builders and the owners of the building. An architect quite often turns to be the ultimate…


Who will guard the guards (Intellectual Property Appellate Board)?

The Intellectual Property Appellate Board recently held hearings for trademark matters in July 2019. The cause list was sent on rather short notice and came as a surprise to many advocates since the IPAB currently doesn’t have a technical member for trademarks, and therefore should not be hearing…


The Case of Dynamic Injunction

In a recent judgement (UTV & Ors. vs. 1337x.to & Ors.), the Delhi High Court set a precedent by issuing India’s first-ever ‘dynamic injunction’ against websites who were deemed to be infringing upon the rights of copyright holders. Under this remedy, if the Plaintiffs are made aware that an…


Customs Recordal in India - Averting the cross-border movement of infringing goods

With the advancement of technology and the expansion of the grey-market, brands worldwide are currently facing a large-scale import and export of infringing/false & counterfeit goods. Accordingly, to stop the illegal import/export of the counterfeit goods and products into the Indian market,…


Privacy Law in India – The Personal Data Protection Bill, 2018

Privacy (and particularly data privacy) has become a major talking point over the last few years. With the exponential growth in digitization of services and expanded surveillance capabilities (both government and the private sector), more and more citizens around the world have pushed for…


India and the GDPR

We’ve covered the European Union’s General Data Protection Regulation in a series of posts over the last couple of weeks. You can read our summary of the Regulation here, and our post on the important features of the Regulation here. In this post, we’ll be taking a look at the effect that the GDPR…


Importance of disclosing status of foreign applications to the Indian Patent Office under Form 3

Section 8 of the Patents Act, 1970 casts an obligation upon the applicant of a patent under this Act who is also prosecuting the same or substantially the same invention outside India, to disclose details regarding corresponding foreign applications from time to time. It was based on the…