28 February

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Exploring the Future of the 3D Printing Industry through Patent Filings

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K. Saranya - Patent Associate, IP Practice Introduction: The 3D printing industry has witnessed remarkable growth and innovation since its inception. With advancements in technology and a widening array of applications, 3D printing, also known as additive manufacturing, has become a pivotal tool across various sectors, including aerospace, healthcare, automotive, and consumer goods. As we look ahead, patent filings serve as a lens through which we can glimpse into the future trajectory of this dynamic industry. Also, Patent filings can offer valuable information about the direction in which the 3D printing industry is heading. By analyzing trends in patent applications, we can...

28 February

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LEGAL CROSSROADS – THE DABUS PARADOX IN PATENT LAW

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Theyjusvini S - Associate, Dispute Resolution Practice The AI revolution is proving to be a game-changer in every field and the legal landscape is no exception. The question behind patentability of AI inventions was first triggered by two patent claims filed by Dr. Stephen Thaler, a computer scientist. The Artificial Intelligence system called Device for Autonomous Bootstrapping of Unified Sentience, also called DABUS designed by Thaler, is the other key player in the series of debates and decisions that followed. SOME DEFINITIONS UNDER THE INDIAN PATENTS ACT, 1970: A patent is a legal right given to a person, recognising that person as the...

19 February

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GREEN INNOVATION AND INTELLECTUAL PROPERTY RIGHTS

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Nihaarika Prudhvi, Associate - Intellectual Property Rights Practice Over the past decade, green innovation literature has evolved and expanded in response to its widespread and essential applications alongside the advancement of environmental awareness and the provision of green services, in this article let us learn more about green innovation and IP rights. GREEN INNOVATION: Green innovation is the process of developing and implementing technologies that reduce the environmental impact of human activities. Green innovation can help address the challenges of climate change, pollution, resource depletion, biodiversity loss and social inequality. Green innovation can also create new opportunities for economic growth, job creation and...

03 January

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PATENT VERSUS RESEARCH PAPER PUBLICATION

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Saranya K – Associate, IP Practice INTRODUCTION In the world of intellectual property and scientific discovery, two commonly used methods to protect and disseminate novel ideas are patents and research paper publications. Both play crucial roles in the advancement of knowledge and innovation, but they differ significantly in purpose, process, and audience. Understanding these differences is essential for researchers, inventors, and organizations seeking appropriate methods to share and protect their ideas. PURPOSE: Patents The fundamental purpose of a patent is to protect an invention's exclusive rights for a specified period (usually 20 years). Patents provide legal ownership of an idea or product, preventing others from...

08 December

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THE DRAFT PATENT (AMENDMENT) RULES, 2023 – AN OVERVIEW

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Revathi P (Patent) – Associate, IP Practice Introduction: The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry had released the “Draft Patents (Amendment) Rules, 2023” (hereinafter referred to as “Draft Rules”) on August 22, 2023. The changes proposed in this amendment covers a wide range of areas such as information about foreign applications, filing of divisional application, pre-grant opposition, working statement submission, extension for deadlines upon payment of fees, introduction of Form 31, change in the syllabus for the Patent Agent Exam to include Designs Act and Rules and much more. Now let us dig in deep into the...

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...

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...

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...

14 November

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IPR NEWS – OCTOBER

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ASIO Chief Rebukes China for Intellectual Property Theft at Five Eyes Summit At a historic Five Eyes summit, the head of Australia's ASIO (Australian Security Intelligence Organisation) publicly rebuked China for engaging in a sophisticated scheme of intellectual property theft. The ASIO chief expressed concern about China's extensive efforts to steal intellectual property, highlighting the significant threat it poses to the security and economic interests of Five Eyes member nations. The summit, which includes intelligence-sharing partners like the United States, the United Kingdom, Canada, and New Zealand, discussed the need for a united response to counter this threat. The ASIO chief's public...

26 September

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

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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...

22 September

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

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in IPR

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...

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...

24 August

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IPR NEWS – AUGUST

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in IPR News

Siren Brew Faces Starbucks in Trademark Dispute In a recent legal clash, a coffee firm is engaged in a trademark dispute with Starbucks over the use of the "siren" logo. Atlanta-based Siren Brew faces allegations of trademark infringement from Starbucks, claiming that Siren Brew's logo too closely resembles Starbucks' iconic siren imagery. The lawsuit, filed on August 17, 2023, asserts that the similarities could cause confusion among consumers, potentially leading them to associate Siren Brew's products with Starbucks. Siren Brew, known for its specialty coffees, contests the claims and argues that their logo is distinct enough to avoid confusion. Legal experts...

21 August

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PATENT DOCKETING

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in IPR

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...

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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