+91 44 28120000

Call Us for an Appointment

[language-switcher]
 

SSIA Tag

SURANA & SURANA > Posts tagged "SSIA"

Understanding Trademark Infringement and Intermediary Liability: Legal Perspectives in the Digital Age

P. Saranya - Senior Associate, Intellectual Property Practice Introduction: In the modern era of e-commerce and digital platforms, intellectual property rights face unprecedented challenges, especially concerning trademark infringement and intermediary liability. Trademark infringement and intermediary liability are two critical issues at the intersection of intellectual property law and digital commerce. Accordingly, under the e-commerce platforms and online marketplaces, the dynamics of trademark protection and the responsibilities of intermediaries have evolved significantly. This article provides an in-depth analysis of trademark infringement, the concept of intermediary liability, and the legal frameworks governing these areas in the digital age. Trademark Infringement: Trademark infringement occurs when a...

Continue reading

TRADEMARK LICENSING: KEY CONSIDERATIONS FOR BRAND OWNERS AND LICENSEES

Jai Vignesh K - Associate, Intellectual Property Practice Introduction Trademark licensing is a common practice in the business world where brand owners grant permission to other parties to use their trademarks in exchange for a fee or royalty. This allows the licensee to benefit from the brand recognition and reputation of the trademark owner, while providing the trademark owner with an additional revenue stream. However, the process of trademark licensing can be complex and fraught with potential pitfalls for both brand owners and licensees. In this article, we will explore the key considerations that brand owners and licensees should keep in mind...

Continue reading

INTERPRETING DISPUTE RESOLUTION CLAUSES – A Liberal view

Keerthana B - Student Intern, Dispute Resolution Practice While considering commercial contracts and the business relationships borne out of them, on certain occasions, parties to the contract or agreement continue their business relationship even after the formal expiry of its term. In such scenarios, there is often a conundrum on if and could the parties be held accountable to fulfil their obligations under the continuous business relationship, despite the formal expiry of the term of the Contract and the mode of dispute resolution to be adopted in the scenario that the said Contract has an Arbitration clause. The question concerning the arbitrability...

Continue reading

IPR NEWS – MARCH

Huawei Secures Patent Agreements with Vivo and Amazon Huawei has inked significant patent agreements with leading tech companies, Vivo and Amazon. The deals involve cross-licensing intellectual property to foster innovation and avoid potential legal disputes. The agreement with Vivo includes the exchange of patents related to smartphones, promoting collaboration and technological advancements in the competitive mobile industry. Simultaneously, Huawei's patent deal with Amazon focuses on a broader range of technologies, supporting both companies' commitment to innovation in diverse fields. These agreements highlight Huawei's strategic approach to intellectual property, fostering cooperation while protecting its technological assets. The collaborations aim to advance research and development...

Continue reading

META TAGS, KEYWORDS & TRADEMARKS- DRS LOGISTICS PVT. LTD & OTHERS VS GOOGLE INDIA PVT LTD & OTHERS- A SUMMARY

Rakshana MK - Associate, IP Practice Let’s think of a scenario, you’ve planned to go on a trip with your friends but confused about the destination. What would you do? A “this gen” individual would immediately look up on the web which would suggest destinations which can be filtered based on various factors such as the budget, climate, anything and everything based on the individual’s preferences and choices. Once the destination is finalized, you would like to engage an agency for your basic needs of travel such as stay, transport, etc. Just as I referred earlier, the web and search engines...

Continue reading

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

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...

Continue reading

LEGAL CROSSROADS – THE DABUS PARADOX IN PATENT LAW

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...

Continue reading

GREEN INNOVATION AND INTELLECTUAL PROPERTY RIGHTS

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...

Continue reading

PPIRP PROBED: EXAMINING PROGRESS AND CHALLENGES IN MSME INSOLVENCY

Ms. Chinna Aswathy Abraham (Senior Associate- Dispute Resolution Practice) Ms. Pooja Shree A (Student Intern – Dispute Resolution Practice) Introduction This author has previously explored the intricacies of the Pre-Packaged Insolvency Resolution Process (“PPIRP”) during its nascent stages in an article titled "Pre-Packaged Insolvency Resolution Process – The Journey Thus Far", published on this blog in January 2022. Over two years have lapsed since, and it is imperative to pause and assess the trajectory of these proceedings. This assessment aims to contribute to the ongoing discourse surrounding insolvency frameworks for MSMEs in India, providing a nuanced perspective that considers both the initial expectations...

Continue reading

Navigating the Runway: Intellectual Property Rights in the Fashion Industry

P. Saranya, Senior Associate-IP Practice Introduction:            In the rich tapestry of India's diverse cultural heritage, the fashion industry stands as a vibrant and dynamic expression of creativity. Intellectual Property play a crucial role in protecting the unique designs, traditional motifs, and innovative creations that define the Indian fashion landscape. The fashion industry is not only a dynamic and trend-driven sector but also a hotbed for intellectual property issues. Designers, brands, and retailers navigate a complex legal landscape to protect their creative works, trademarks, and innovations. In this article, I would like to shed light on the intricacies of IPR within the...

Continue reading

AI-BLACK BOX PHENOMENON

Sai Meera .D - Principal Associate & Patent Agent, Intellectual Property Although we are looking at adopting and adapting to AI both in our daily lives and making maximum use in professional lives. AI's path to mainstream adoption is riddled with hurdles in development, deployment, and use. Overcoming these challenges is key to unlocking its true potential. Though promising, AI faces roadblocks across its lifecycle. To truly integrate it into our world, we must tackle issues from creation to application. AI's practical successes like Tesla's self-driving cars and fraud detection systems shine a spotlight on its potential. However, acknowledging the challenges...

Continue reading

IP COMMERCIALIZATION

Revathi P (Patent) – Associate, IP Practice I. Introduction: IP Commercialisation is the process of bringing the IPRs to the market to get them exploited in return for business profits and growth. Once the IPRs are duly protected through registration, commercialisation of the same should immediately commence so as to recoup the investment made to develop or acquire them and protect them. Thus, IP commercialization/monetization means making the intellectual property (IPR) marketable and profitable. II. Steps for IP Commercialization: a.     Market Analysis b.     IP Audit c.      IP Valuation d.     Financing and raising capitals using IPRs Now let us discuss these steps in detail. a.     Market Analysis: The term “market” refers...

Continue reading

PATENT VERSUS RESEARCH PAPER PUBLICATION

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...

Continue reading

A LEGAL ANALYSIS ON WHETHER SALE THROUGH POWER OF ATTORNEY WOULD AMOUNT TO CONVEYANCE

Yogamurugan Chockalingam - Associate, Dispute Resolution Practice Prior to the amendment[1] of Section 17 of the Registration Act, 1908[2] that requires compulsory registration of power of attorneys pertaining to immovable property in Tamil Nadu, an interest in one’s immovable property would be transferred to another, through the execution of a combination of instruments including that of a general power of attorney and an agreement of sale for a certain specific consideration as agreed upon by the parties. A general power of attorney when executed for a certain consideration, creates an agency coupled with interest under the Indian Contracts Act, 1872. Such an agency...

Continue reading

EXPLORING THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY RIGHTS AND BIODIVERSITY MANAGEMENT

Nihaarika Prudhvi, Associate – Intellectual Property Rights Practice Introduction: Intellectual Property Rights (IPRs) and biodiversity are two distinct domains that often intersect, giving rise to complex legal, ethical, and environmental considerations. As human activities continue to affect biodiversity across the globe, understanding the relationship between IPRs and biodiversity becomes ever more crucial. This article aims to delve into the various ways in which IPRs are linked to biodiversity, exploring the potential challenges and opportunities that arise from their intersections. 1. The Role of IPRs in Biodiversity Conservation: Intellectual Property Rights, such as patents, trademarks, and copyrights, serve as legal instruments that incentivize innovation and...

Continue reading

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

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...

Continue reading

TRADE DRESS WARS- AN ANALYSIS ON THE IMPORTANCE OF PROTECTING TRADE DRESS IN THE LIGHT OF LANDMARK JUDGEMENTS

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...

Continue reading

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

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...

Continue reading

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

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...

Continue reading

IPR NEWS – OCTOBER

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...

Continue reading

THE INTERSECTION BETWEEN THE CAPETOWN CONVENTION AND IBC, 2016: AN OXYGEN MASK FOR THE INDIAN AVIATION INDUSTRY

Chinna Aswathy Abraham - Senior Associate, Dispute Resolution Practice Mayday? More like, May-Decade! Starting with the grounding of the Kingfisher Airlines in 2012, followed by the downfall of Jet Airways in 2019, all the way to the latest insolvency of Go First- it is safe to say that it has been a bumpy ride for the Indian Aviation Industry. With the initiation of the Corporate Insolvency Resolution Process (‘CIRP’) against Go First- India and more particularly the Indian insolvency law framework was brought under global scrutiny. As per Section.14 (1)(d) of the Insolvency & Bankruptcy Code, 2016 (‘IBC’), once a Corporate Debtor...

Continue reading

Regulating the Digital Sphere: India’s Approach to Ex Ante Measures and Competition Law

Madhumitha Sridharan - Associate - Real Estate, Infrastructure & Corporate Practice The digital economy in India has witnessed exponential growth in recent years, thanks to the widespread adoption of smartphones and increased internet connectivity. However, with growth comes challenges, including concerns related to monopolistic practices, data privacy violations, and a lack of transparency. These issues have sparked debates about the necessity of robust regulation to ensure a fair and competitive digital marketplace. This substantial growth in the digital economy was largely attributed to a select group of major technology firms, also often categorised and referred to as the “Big Tech” companies. However,...

Continue reading

A Birds-Eye View on the Guidelines for Prevention and Regulation of Dark Patterns, 2023

Srivatsan S, Associate - Dispute Resolution Practice E-commerce and Online Shopping pioneered in India as early as in the year 1995. With the advent of the Internet Revolution in the country, auctioning websites such as bazee.com and online only booksellers like amazon.com became popular avenues to indulge in E-commerce. The industry has come a long way since then. The volume, frequency and dependency on such online platforms have increased multifold, consequently, the necessity to protect consumers online has also become inevitable. The Consumer Protection Act was originally enacted in 1986 and the same was a revolutionary move by the legislature to protect...

Continue reading

Bharatiya Sakshya Bill, 2023 Modernizing Evidence Admissibility in Indian Legal Proceedings

Vijay M, Associate, Dispute Resolution Practice Introduction: The Bharatiya Sakshya Bill, 2023[1], recently introduced in the Parliament, aims to revolutionize the way evidence is admitted in Indian legal proceedings. This ambitious legislation seeks to replace the long-standing Indian Evidence Act, 1872[2], along with two other bills aimed at reforming the Indian Penal Code, 1860[3], and the Code of Criminal Procedure, 1973[4]. This article delves into the significant changes proposed by the Bill and provides a critical analysis of its potential impact on the Indian legal system. One of the most noteworthy aspects of the Bharatiya Sakshya Bill is its approach towards consolidation and...

Continue reading

Navigating the Legal Conundrum of Google AdWords and Trademarks in India

Navigating the Legal Conundrum of Google AdWords and Trademarks

Aiswarya YK, Associate, Dispute Resolution Practice Divishyaa T, Intern, Dispute Resolution Practice Introduction: In the digital age, online advertising has become a ubiquitous and essential tool for businesses to reach their target audience. Google AdWords, a prominent platform in the online advertising landscape, allows businesses to bid on keywords to display their ads prominently in search results. While AdWords offers significant benefits, it has also sparked legal debates, particularly in the context of trademark infringement. This article explores the legal complexities surrounding Google AdWords and trademarks in India. Understanding Google AdWords: Google AdWords is an advertising service offered by Google, allowing businesses to create and...

Continue reading

CASE COMMENT- ARN infrastructure India Limited vs Hara Prasad Ghosh: CIVIL APPEAL Diary No(s). 31182/2023

T.G Niranjana - Associate, Dispute Resolution Practice Brief facts: A complaint under original jurisdiction was filed before the NCDRC seeking return of deposit from the Opposite Parties. In the said case, the Opposite Parties did not file their Written Version within the statutory timeline prescribed. While so, at the time of hearing final arguments, the Opposite Parties entered appearance through an advocate and sought an adjournment to make final arguments in the case. The NCDRC rejected the said request on the ground that the Written Version was not filed within the statutory period. The NCDRC allowed the complaint by hearing only the Complainant...

Continue reading

IPR NEWS – SEPTEMBER

Renowned Authors, Including Grisham and Martin, Sue OpenAI Over Copyright Concerns Seventeen prominent authors, including John Grisham, George R.R. Martin, and Jodi Picoult, have filed a lawsuit against OpenAI, alleging copyright infringement. The authors claim that OpenAI's language model, GPT-3, is being used to generate content that mimics their writing style, posing a threat to their intellectual property. The lawsuit contends that OpenAI's GPT-3 generates text that closely resembles the authors' work, potentially leading to confusion among readers and devaluing their unique literary voices. The authors seek to protect their creative works and maintain control over their intellectual property rights. OpenAI...

Continue reading

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

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...

Continue reading

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

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...

Continue reading

REPEALING OF THE SEDITION LAW – DECODED

Repealing of the Sedition Law – Decoded

Ranjith Kumar - Associate, Dispute Resolution Practice In a rather brave attempt to reorganize and decolonise the criminal justice system of India, Union Home Minister Amit Shah had proposed the introduction of the three new criminal bills, that would go on to replace the existing criminal majors in India, during the monsoon session of the Parliament. In this proposal, he listed out the new bills that would supposedly reinvent India’s justice system and they are; the Bharatiya Nyaya Sanhita (replacing the Indian Penal Code, 1860), the Bharatiya Nagarik Suraksha Sanhita (replacing the Code of Criminal Procedure, 1973), and the Bharatiya Sakshya...

Continue reading

CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

Arvind Ramesh, Associate - Real Estate, Infrastructure, Corporate Practice In India - Cinema, its exhibition and certification are governed by the Cinematograph Act, 1952 (“Act”) and the rules laid down under the Act. Recently, the Union Government had brought into force an amendment to the Act, harmonising the Act with existing laws and introduced new provisions for combating piracy. The amendment titled “the Cinematograph (Amendment) Act, 2023” (“Amendment Act”) received the President’s assent on the 04th of August 2023 and was published in the Gazette on the event date. New Changes: 1. New Movie Certifications: Prior to the amendment, Films, or movies in common parlance,...

Continue reading

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.

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...

Continue reading

IPR NEWS – AUGUST

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...

Continue reading

PATENT DOCKETING

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...

Continue reading

REGISTRATION UNDER THE TAMILNADU REGULATIONS OF RIGHTS & RESPONSIBILITIES OF LANDLORDS AND TENANTS ACT, 2017

Arivan V P, Associate, Dispute Resolution Practice INTRODUCTION The Tamil Nadu Regulation of Rights & Responsibilities of Landlords and Tenants Act, 2017, (hereinafter “The Act”), on the lines of the Model Tenancy Act framed by the Government of India, notified in the in the Gazette on 22.02.2019 has been enacted with the intent to ensure regulation of rights of both the Landlords and Tenants equitably and to create a dispute resolution mechanism that is speedy and hassle free. Under the Act, the landlord and tenant are bound strictly as per the terms and conditions of the Tenancy Agreement executed by them. The...

Continue reading

REBRANDING- AN IP PERSPECTIVE

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...

Continue reading

PATENTABILITY VS. FREEDOM TO OPERATE

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...

Continue reading

IPR AND WHITE COLLAR CRIME

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...

Continue reading

Registration department of TN hikes fees for 20 services that they offer

Registration department of TN hikes fees for 20 services that they offer

The Government of Tamil Nadu has recently implemented a revision in the registration charges, significantly impacting property redevelopment and development costs within the state. Under Section 78 of the Registration Act 1908, the registration department has announced an increase in the registration fees and stamp duty for 20 services offered by the department, marking the first adjustment in two decades. These alterations encompass various aspects such as searching of registers, making or granting copies of reasons, entries, or documents before or after registration, as well as the safe custody and return of documents, among others. Notably, the state registration department has...

Continue reading

COMPLIANCE VS CHAOS: RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT LEAD TO UNEXPECTED COMPLIANCE WOES

RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT

K. Anupriya Consultant - Corporate Compliance The integrity of the global financial system and societal well-being are recently being seriously threatened by the acts of money laundering, financing of terrorism, and the spread of weapons of mass destruction.  The Financial Action Task Force (FATF), founded in 1989, plays a significant role in establishing global standards and implementing practical solutions to stop these illegal acts.  The Prevention of Money Laundering Act (PMLA), which India passed in 2002 in accordance with the FATF's recommendations, is a key piece of legislation that guides the nation's efforts to combat money laundering and other associated financial crimes. ...

Continue reading

IPR NEWS – JULY

Overstock to rebrand as Bed Bath & Beyond after buying brand's intellectual property In a transformative acquisition, online retail giant Overstock has revealed plans to undergo a complete rebranding, adopting the name of the renowned home goods retailer Bed Bath & Beyond after purchasing the brand's intellectual property. This strategic move aims to bolster Overstock's market position and broaden its product offerings. By aligning itself with Bed Bath & Beyond's well-established reputation for quality home essentials and leveraging its name recognition, Overstock seeks to tap into a loyal customer base and enhance its competitive edge in the retail sector. Barbie Vs BRBY Mattel...

Continue reading

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

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...

Continue reading

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

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...

Continue reading

AI GENERATED ARTWORKS & COPYRIGHT

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...

Continue reading

Decoding Digital India Act: A critical analysis of India’s proposed legislative framework for the digital era

Decoding Digital India Act

Aiswarya YK, Associate, Dispute Resolution practice Introduction: The digital landscape is rapidly evolving, necessitating the establishment of comprehensive legal frameworks to safeguard the rights and interests of individuals and entities. The proposed Digital India Act  aims to address the emerging challenges of the digital age, providing a regulatory framework for various aspects of cyberspace. In this article, we will critically analyse the proposed act, examining its inclusions, exclusions, regulations, and the potential impact it may have on the market and intermediaries. On March 9, 2023, representatives from the legal and technology industries, among others, were invited to a consultation hosted by the Ministry of...

Continue reading

AI CHATBOTS AND INTELLECTUAL PROPERTY RIGHTS

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...

Continue reading

SEVERING THE OLD FROM THE NEW: INDIA’S TRYST WITH SEVERABILITY AND CHALLENGES TO ENFORCEMENT OF ARBITRAL AWARDS

SEVERING THE OLD FROM THE NEW - INDIA’S TRYST WITH SEVERABILITY

Ayushman Somani Student Intern, Dispute Resolution Practice Introduction Of the many principles that have been used to enforce arbitration awards in a more equitable manner in the last decade, few have proven to be as practical and effective as the ‘Doctrine of Severability’. This principal provides a middle-ground to an enforcing court by allowing it to only enforce that part of the award deemed to be free of certain encumbrances, thereby maintaining the sanctity of arbitration while ensuring an equitable award is enforced. Proposed originally as the ‘Doctrine of Blue Pencil’, the Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd. (1) case decided...

Continue reading

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

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,...

Continue reading

The defense of the accused may change after this Supreme Court Judgement

Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed written statement by the accused under Section 313(5) must now be recorded and treated as an exhibit. This gives the accused a better chance to put forth their defense effectively. So, here's the takeaway: Even though it's optional, the accused should always provide a detailed statement under Section 313(5) when he or she is questioned by the court. It'll be marked as an exhibit and stay on the court record, even in case of an appeal. This could significantly help shape their defense

Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed...

Continue reading

Do you need a will before you turn 45?

Do you need a will before you turn 45

Wills have always been an uncomfortable subject in India. The general perception is that a will has to be drafted only when a person is in the later stages of his/her life. Wills can be drafted by anyone who is above 21 years of age. What is a will? A will is a legal declaration of the intention of a Testator with respect to his property which he desires to be carried out after his death. In India a will can be made on plain paper. It is not legally necessary to make the will on stamp paper. A will can be...

Continue reading