News
India approves the proposal for accession to The Nice Agreement, The Vienna Agreement & The Locarno Agreement
The Government of India has approved the proposal for the accession of India to The Nice Agreement concerning the International Classification of Goods and Services for the purposes of registration of marks, The Vienna Agreement establishing an International Classification of the figurative…
Automation of generation and issuance of patent grant e-certificates in India
In lines with the “E-Registration Certification” initiative of Trade Marks Office, the Controller of Patents and Designs recently issued a notice, whereby automating issuance of patent grant e-certificates with effect from July 03, 2017. The notice states that the generation of all patents granted…
Indian TMO issues guidelines for recognizing well-known trademarks
An owner of a well-known trade mark can now shout it from the rooftops; so to speak. Answering unspoken prayers, a public notice was issued on May 22, 2017 elucidating a list of guidelines to be followed for determination of a well-known trade mark by the Registrar which, if followed ensures that a…
11th Edition of NICE Classification to come into force in 2017
The World Intellectual Property Organization [WIPO] recently passed a notification in their Gazette dated October 24, 2016 notifying the public that the NICE Classification of goods and services was to be amended and that the eleventh [11th] edition was to come into force in the new year [from…
Initiative by IPAB to expedite administrative proceedings
The Intellectual Property Appellate Board ("IPAB") was constituted by the Indian Government on September 15, 2003 to hear and adjudicate appeals against the decisions of the Registrar under the Indian Trade Marks Act, 1999 and the Indian Geographical Indications of Goods (Registration and…
“Viewing pirated videos/films will not land you in jail” – Setting A wrong precedent?
The buzz about legality of watching pirated movies on blocked websites has been doing the rounds for a while. The Bombay High Court in Eros International Media Limited v. Bharat Sanchar Nigam Limited, pronounced that “mere viewing of blocked websites and its content (the pirated movie) is not an…
Indian Judiciary takes a stand on the concept of Trade Dress
Trade dress relates to the visual or other appearance of a product that may withal include its packaging, combination of colours, textures, graphics, shape which could be registered and protected from being exploited by competitors in connection to their business and service. The purpose of trade…
If the Indian Govt has its way, trademark fees to increase by 100%
In continuation of our previous post on the draft Trade Marks (Amendment Rules) 2015 issued by the Ministry of Commerce & Industry on November 19, 2015, here’s the latest update on the proposed amendments. Smt. Nirmala Sitharaman, the Minister of State (Independent Charge) in the Ministry of…
Guidelines for computer related inventions makes IT India happy
On the 19th of February Office of Controller General of Patents, Trademarks and Designs released new Guidelines for the examination of computer related inventions. These new guidelines were welcomed by the people who protested against the guidelines that were issued in 2015 and kept in abeyance due…
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,…