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SURANA & SURANA > IPR
28 November
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TRADE DRESS WARS- AN ANALYSIS ON THE IMPORTANCE OF PROTECTING TRADE DRESS IN THE LIGHT OF LANDMARK JUDGEMENTS

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Rakshana MK - Associate, IP Practice There are various factors that contribute to consumers associating to a particular product, service or the company providing such goods and according to reports, packaging of products has the ability to influence the purchasing public. “Things do not pass for what they are, but for what they seem. Most things are judged by their jackets.” – Baltasar Gracian[1] Isn’t it important that these jackets, id est. the packaging of such products, which plays such an important role in business, contributing to determination of choices of customers be accorded utmost protection and the infringement or the unauthorized usage...

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23 November
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Concept of Dynamic Injunctions and an overview of landmark Cases Shaping Dynamic Injunctions in India

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P. Saranya, Senior Associate, IP Practice Introduction: The proliferation of digital technology has revolutionized the way we consume and distribute content. However, with this advancement, digital piracy has also become a pervasive issue, posing significant challenges to creators, copyright holders, and the entertainment industry at large. In India, combating digital piracy has been a priority, and one of the legal tools that has gained prominence in recent years is the concept of dynamic injunctions. This article delves into the legal framework surrounding dynamic injunctions in India, analysing landmark cases that have shaped this approach to combat digital piracy. I. Understanding Digital Piracy in...

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17 November
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Protecting Celebrity Persona and Commercial Interests: Analysis of Anil Kapoor v. Simply Life India & Ors.

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Sonam Nanda – Advocate, Surana & Surana International Attorneys INTRODUCTION On September 20, 2023, the Delhi High Court delivered a significant order in the case of Anil Kapoor v. Simply Life India & Ors, ruling in favor of the widely known Indian actor, Anil Kapoor. The court issued an ex parte order in response to Suit CS COMM 645 of 2023, where Kapoor sought protection for various facets of his personality that amounted to certain commercial value. These included his name, voice, dialogue delivery, image likeness, gestures, signatures, and other elements, primarily concerning their misuse across the internet. FACTS The Plaintiff, Anil Kapoor, asserted...

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26 September
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IMPORTANCE OF IP VALUATION: UNLOCKING THE TRUE VALUE OF INTELLECTUAL PROPERTY

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IMPORTANCE OF IP VALUATION

Nihaarika Prudhvi, Trainee – Intellectual Property Rights Practice INTRODUCTION: In today's knowledge-driven economy intellectual property (IP) has become an asset for businesses across various industries. IP assets such as patents, trademarks, copyrights, trade secrets and designs can represent a significant portion of a company's worth. However accurately assessing the value of these assets can be a complex task. This is where IP valuation comes into play. IP valuation enables businesses to understand and quantify the value of their intangible assets aiding in strategic decision-making transactions and legal matters. So, basically this article helps the readers to gain a little knowledge about IP...

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22 September
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NEW AGE DIGITAL GOVERNANCE: AN OVERVIEW OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

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Sonam Nanda - Advocate, Surana & Surana International Attorneys INTRODUCTION In an ever-evolving digital world, the Digital Personal Data Protection Act, 2023 (the “Act”), stands as a crucial framework that demands our attention. As technology continues to weave itself into the fabric of our daily lives, the Act addresses the pressing need for robust data security and responsible data handling. It signifies a pivotal shift towards greater accountability and transparency in the digital landscape of India. Through a comprehensive review of its key provisions, this article will examine the changes brought forth by the Act and critically analyse the implications it carries...

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28 August
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Application of the Doctrine of Territoriality in Protection of Trademarks – An analysis in view of the US Supreme Court’s Decision in Abitron Austria GmbH v. Hetronic International, Inc.

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Application of the Doctrine of Territoriality in Protection of TradeMarks

Balaji. P, Principal Associate, IP Practice The trademark territoriality principle has long been a fundamental aspect of international intellectual property laws, governing the scope and protection of trade marks across borders. Recently, the US Supreme Court's decision in Abitron Austria GmbH v. Hetronic International, Inc. has brought renewed attention to this principle and its significance in the global trade and commerce. This article aims to examine the position of the territoriality principle in India with a focus on relevant case laws and explore the implications of the US Supreme Court's ruling. Introduction: The trademark territoriality doctrine is a well-established and recognized principle of...

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21 August
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PATENT DOCKETING

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PATENT DOCKETING

Saranya K - Associate, IP Practice INTRODUCTION In the fast-paced world of intellectual property (IP) management, patent docketing plays a pivotal role in ensuring the smooth and efficient processing of patent applications. Patent docketing involves the systematic recording, tracking, and management of patent-related documents, deadlines, and actions. This article explores the importance of patent docketing, its key components, and the benefits it brings to inventors, patent attorneys, and organizations. WHAT IS PATENT DOCKETING? Patent docketing is the process of managing and organizing patent-related information, including documents, deadlines, and actions, in a structured and systematic manner. It involves creating an electronic or physical repository that...

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16 August
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REBRANDING- AN IP PERSPECTIVE

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Rakshana MK- Associate IP Practice “Rebranding”, seems like a term that’s been buzzing around us largely in recent times right! We are witnesses to Facebook’s transformation into Meta[1] and Twitter’s transformation into X[2], but ever wondered what impact such rebranding has on the Intellectual Properties that the companies own? This article attempts to understand the effects of rebranding from an IP viewpoint and draws out some lookouts for an efficient rebranding process. What does the term Rebranding mean? A verbatim interpretation of the term simply means to give a brand a new look and projection before its consumers with the intention to...

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09 August
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PATENTABILITY VS. FREEDOM TO OPERATE

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PATENTABILITY VS. FREEDOM TO OPERATE

Nihaarika Prudhvi, Trainee – Intellectual Property Rights Practice Securing a patent for an invention is an important step toward protecting your intellectual property (IP) rights, as it allows you to prevent others from making, using, or selling your invention and claiming it as their own. However, before marketing and selling a finished product, make sure you have the Freedom to Operate (FTO). Owners may not be able to make, use, or sell your invention without the FTO. The FTO is especially important in industries such as biopharmaceuticals, biotechnology, and pharmaceuticals. Chemical products and companies entering foreign markets are few of the...

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07 August
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IPR AND WHITE COLLAR CRIME

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IPR AND WHITE COLLAR CRIME

N. Vignesh Kumaran Senior Associate & Patent Agent, Intellectual Property Practice IPR Intellectual property (IP) includes intangible creations of the human intellect, which can be an idea, invention, literary creation, unique name, business method, industrial process, chemical formula, and computer program. The IP is considered an important part of economic, social, and cultural development, laws have been created throughout the world to define and protect the rights of those who develop IP through patents, copyrights, trademarks, and trade secrets, and are enforced primarily through civil action and criminal prosecution. WHITE COLLAR CRIME White-collar crime is commonly known as financially motivated, nonviolent crime committed by businesses and government professionals.The...

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18 July
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A Case for Compulsory Licensing: Balancing Access and Intellectual Property Rights

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A Case for Compulsory Licensing

Sonam Nanda Advocate, Surana & Surana International Attorneys INTRODUCTION The Copyright Act, 1957 plays a pivotal role in safeguarding the rights of creators, authors, producers, performers, and their works. Nevertheless, under certain circumstances, the exclusive rights granted to copyright holders can impede the accessibility of their works to the general public. In order to strike a balance between the protection of intellectual property and the promotion of public interest and rights, Section 31 of the Copyright Act, 1957 was established. Subsequently, several clarifications were introduced to enhance its scope, namely Section 31A, 31B, 31C, and 31D. This article aims to analyse the concept...

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06 July
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Parle loses its battle against Cadbury before the Delhi High Court and restrained from manufacturing and selling its FAB!O Biscuits

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P. Saranya Senior Associate, IP Practice In the modern era, Advertising plays a significant role for the reach and success of a product among the common public. People before coining/adopting a brand always use their intellect to develop the products which are distinctive and unique in nature and have not been in the market earlier. This Article will give you the complete details about the concept of trade dress and its infringements in India. Here is the case of “The Intercontinental Brands v Parle product pvt ltd” [2023 DHC 953] wherein the Hon’ble High Court of Delhi restrained the Defendant from using the...

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04 July
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AI GENERATED ARTWORKS & COPYRIGHT

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AI GENERATED ARTWORKS & COPYRIGHT

Jai Vignesh K Associate – Intellectual Property Rights Practice INTRODUCTION: Copyright safeguards the creative endeavours of individuals such as authors, musicians, historians, scientists, and dancers, among others, by granting them intellectual property rights. To be eligible for protection, the work must possess originality or present a fresh perspective on existing creations. As stated in TRIPS (Trade-Related Aspects of Intellectual Property Rights), copyright covers the expression of ideas but does not extend to ideas themselves, procedures, operational methods, or mathematical concepts in their raw form. There has always been controversy surrounding the idea of an artificial intelligence system producing any particular work of art. Critical...

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22 June
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AI CHATBOTS AND INTELLECTUAL PROPERTY RIGHTS

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AI CHATBOTS AND INTELLECTUAL PROPERTY RIGHTS

RAKSHANA. MK Associate- IP Practice “A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.[i]” – Alan Turing In the recent times, terms such as Open AI, Bard, ChatGPT, etc. are making it to the headlines and have become one topic which has been discussed by a number of people irrespective of their age, the industry they work in or their geographical locations. There is increased expectation on the abilities of the above mentioned tools, at the same time, there is ambiguity and confusion with regards to the effect on the same on human...

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14 June
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PATENT PROTECTION FOR COMPUTER RELATED INVENTIONS (CRIs) IN INTERNET OF THINGS (IOT)

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PATENT PROTECTION FOR COMPUTER RELATED INVENTIONS

Saranya K Associate – Intellectual Property Rights Practice INTRODUCTION Iot enables physical devices, vehicles, buildings, and other items that have embedded sensors and software that allow them to collect and exchange data with each other over the internet. This technology enables machines to communicate with each other, exchange data and perform actions without any human intervention. IoT cab be called as Internet of Everything (IOE). This term refers to the concept that not only physical objects or devices, but also people, processes, and data are interconnected and communicate through the internet. IoT has the potential to revolutionize various industries, including healthcare, transportation, manufacturing,...

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17 March
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PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY

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PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY

Nihaarika Prudhvi, Trainee - Intellectual Property Rights Practice INTRODUCTION: Since we live in a scientific era, it is important that we understand several aspects of rapidly developing field of nanobiotechnology, including patent protection. Nanoscience is the study of marvels and manipulation of material at the nanoscale, in substance an extension of being lores into the nanoscale. Accoutrements reduced to the nanoscale can suddenly show veritably different parcels compared to what they show on a macroscale. With Nanotechnology, a large set of accoutrements with distinct parcels (optic, electrical or glamorous) can be fabricated. The lower a nanoparticle gets, the larger its relative face area...

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20 February
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PATENTING OF MICROORGANISMS & GENES

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PATENTING OF MICROORGANISMS & GENES

VERSHA YADAV Patent Agent /Patent Associate, Surana & Surana International Attorneys ABSTRACT In the 21st century, it is becoming increasingly clear that access to cutting-edge technologies and discoveries can be the difference between progress and failure in the business world. This has led to a rise in patenting of various microorganisms, genes, and viruses.  Although, the government of India permitted patenting of microorganisms in India under the Patents Bill (Second Amendment) on 14th May 2002. The government of India has so far granted many patents for microorganisms, and various pharmaceutical companies and research institutes have filed an application for patenting of microorganisms. But patenting...

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09 February
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AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW

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AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW

RAKSHANA. MK Associate, Surana & Surana International Attorneys INTRODUCTION: Unlike William Shakespeare’s famous quote "What's in a name? That which we call a rose by any other name would smell as sweet.” names and titles, especially in the entertainment industry have proven to be as important or unique, in line with that bestowed upon the script, the cast and crew or any other aspect of a work. With specific reference to the film industry, the title of a movie is what promotes and popularizes the work to reach the public and its audience, thus holding utmost importance comparative to any other part of...

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31 January
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EXPEDITED EXAMINATION AND PROCESSING OF TRADE MARK APPLICATIONS – A COMPARATIVE ANALYSIS

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Balaji P L.L.M., Principal Associate, Surana & Surana International Attorneys Introduction The examination of trade mark application is the pivotal stage in the process of ascertaining registrability of the applied mark by the trade mark offices around the world, which starts with the issuance of an office action/examination report with the list of objections raised by the trade mark offices or a letter of acceptance of the trade mark. Subsequently, the application may go through re-examination, advertisement, oppositions, hearings, etc., before reaching the stage of registration. The time period taken by the trade mark offices, for completing the first examination of application and...

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13 December
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Necessity of Pre-Suit Mediation in Commercial Disputes: An Analysis of Section 12A of the Commercial Courts Act, 2015

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Necessity of Pre-Suit Mediation in Commercial Disputes

By Sonam Nanda, IPR Practice, Surana & Surana International Attorneys, New Delhi Office Introduction The Commercial Courts Act of 2015 with its amendment in 2018 is a recent exercise undertaken to adjudicate commercial disputes quickly. The object of this exercise was steered with the introduction of Section 12A by an amendment in 2018 that made mediation necessary before institution of a suit for commercial matters. This article will elaborate on need for such an exercise and critically analyze the interpretation and nature of Section 12A of the Commercial Courts Act, 2015 taken by the courts of the country. Need for the Commercial Courts...

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05 September
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Case of Coca-Cola for Cancellation of US Trademarks based on“MISREPRESENTATION OF SOURCE” before the TTAB and CAFC

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Case of Coco-Cola for Cancellation of US Trademarks

By P. Saranya, Senior Associate, IP Practice INTRODUCTION:                 The concept of identifying the source of manufactured goods by its unique brand or trademark was an ancient practice but its importance in trade and commerce was realized with the advent of the industrial revolution. Trademarks soon became an indispensable form of intellectual property rights in the industry of trade and commerce. Further, the mass production, sale and distribution of goods created a lot of confusion with regards to the trade origin of the goods thus giving rise to a creation of trade mark law.           In an economic scenario where, multiple manufacturers tried...

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02 September
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Doctrine of Fair Dealing in Indian Copyright Law

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Doctrine of Fair Dealing in Indian Copyright Law

By Jai Vignesh K, Associate, IP Practice Introduction:             Copyright is a branch of law that grants the creators (writers, musicians, artists and other creators) protection over their works. The Copyright Act defines it as an exclusive right to do or authorize others to do certain acts in relation to original, literary, dramatic, musical and artistic works, cinematograph film and sound recording including computer program. It gives the holder some exclusive rights to control reproduction of works of authorship, such as books, music, paintings, songs, movies for a certain period of time. The object of copyright is to protect the author of...

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30 June
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IPR Challenges in the Metaverse

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IPR Challenges in the Metaverse

Metaverse, to many is that enigma where the demarcation boundaries between the virtual and real get blurred. It is the coming together of virtual reality and augmented reality. Metaverse presents a world of boundless potential. You may take virtual trips, live an ‘imagined’ life through digital avatars or trade in digital assets. You can own a Raja Ravi Varman painting or a Thor’s hammer in metaverse. In short, metaverse is the virtual extension of our real world. Why is Metaverse Important? The importance of Metaverse extends not only to personal experiences but also commercial viability. Brands now can offer you a ‘lived...

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06 April
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NON-FUNGIBLE TOKENS & INTELLECTUAL PROPERTY RIGHTS – AN ANALYSIS

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NON- FUNGIBLE TOKENS & INTELLECTUAL PROPERTY RIGHTS- AN ANALYSIS

By RAKSHANA. M. K., Associate, Intellectual Property Practice Introduction: Non-Fungible Tokens (NFT) have been the talk of the investment world and among the Crypto community in the recent times. Over the last decade, terms such as Blockchain technology, Cryptocurrency and Non-Fungible Tokens have gained popularity among the public in this digital era. As far as NFT is concerned, the platform has planted the confidence of generating revenue both for the creators and the purchasers involved in the process. There are huge speculations in relation to Blockchain technology being the ‘next big thing’ and its ability to revolutionize the future. Cryptos and NFTs...

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15 March
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ARTIFICIAL INTELLIGENCE (AI) & INTELLECTUAL PROPERTY

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ARTIFICIAL INTELLIGENCE (AI) & INTELLECTUAL PROPERTY

By D.Sai Meera, Senior Associate, IP Practice 1. Introduction Artificial intelligence (AI) is the ability of computers and machines to perform mental tasks commonly associated with humans, such as learning, reasoning and problem solving.1 AI is one of the emerging Frontier Technologies.2 Frontier technologies are defined as technologies that transform the world. The emerging and merging of Frontier technologies is viewed as the Fourth Industrial Revolution or Industry 4.0. Frontier technologies include: digital technologies, such as the Internet of things (IoT), blockchain, artificial intelligence (AI), big data and cloud computing. Physical technologies, such as autonomous driving, 3D printing, hardware innovations and biological technologies such as genetic engineering, human...

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27 January
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Intellectual Property Rights in Mobile Apps

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N. Vignesh Kumaran B.E. Associate - Patents, Intellectual Property Practice Introduction A mobile app is a computer program designed to run on mobile devices such as smartphones and tablet computers. Mobile apps are a significant part of modern day-to-day businesses. It acts as the part of businesses to be a complete model for business. Mobile apps have taken over the rapidly evolving technology. Intellectual Property is involved in mobile applications and there are various instances where replication can cause serious damage to the company. The effective way is to strategize the Intellectual Property Right of companies. IPR in Mobile Apps can be protected Yes, different...

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12 April
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HERO ELECTRICS V. LECTRO E-MOBILITY [1]: DELHI HIGH COURT AFFIRMS THE ARBITRABILITY OF IP DISPUTES IN PERSONAM:

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Indiradevi Kollipara IP Division Surana & Surana International Attorneys Arbitrability of disputes, in a jurisprudential context has been affirmed in the precedents provided by the Supreme Court and High Court of much judicature. The present case reported on March 2nd, 2021 sets forth the arbitrability of disputes pertaining to Intellectual Property (hereinafter ‘IP’) that are within the scope of contractual obligations. DEVELOPMENT OF ARBITRABILITY OF IP DISPUTES IN INDIA: A JURISPRUDENTIAL OVERVIEW: The jurisprudence underlying the arbitrability of IP disputes in India have been demarcated based on two schools of thought. One is based on the prevalence of section 2(3) of the Arbitration and Conciliation...

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24 March
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Direct Selling Business Model – Bane or Boon?

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Aparna Venkat Associate, Surana & Surana International Attorneys An increasing number of companies now rely on e-commerce strategies for selling and reaching out to customers. Online channels eliminate the need to physically run a shop. This pattern brings together companies that offer products with different segments of customers who can potentially buy the said products. On one hand, customers benefit from higher accessibility, and on the other hand, companies benefit from a cheap and easy to maintain sales channel. In other word, it is an “Online Supermarket”. However, the question which many companies are confronted with is to whether host the online shop...

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03 March
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Agriculture and Intellectual Property Rights

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By N. VigneshKumaran B.E. Associate Surana & Surana International Attorneys Introduction Agriculture is the process of producing food, feed, fiber and many other desired products by the cultivation of certain plants and the raising of domesticated animals (livestock). Traditionally, Intellectual Property Rights (IPR) did not play a significant role in the agriculture sector. However, in recent times, this position has changed and agriculture is increasingly seen as an industry that cannot survive without research and development, which has made it necessary that IPR in all its forms be extended to agriculture. Patent activities in the agriculture sector The graph above shows the patent activities in the...

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20 February
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PATENT LANDSCAPING

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By Dr. Vinod Surana Overview A patent is an exclusive right granted by a sovereign authority for an invention. It can be a product, process, a novelty or an improvement, or a solution to a problem. It plays an essential role in encouraging innovation and developments across all sectors. Inventors gain exclusive rights to the process or design for a fixed period (which varies per jurisdiction), In exchange, the creator must provide particulars regarding the invention. Patents both incentivize and protect companies in research and development. The exclusivity granted by patents allows monopolistic production and sales of a creator’s work; absent that right...

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