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Surana & Surana International Attorneys Tag

SURANA & SURANA > Posts tagged "Surana & Surana International Attorneys"

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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,...

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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...

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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...

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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,...

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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.

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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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...

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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...

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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. ...

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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...

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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...

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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...

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METAPLEX: ALL YOU NEED TO KNOW

METAPLEX - ALL YOU NEED TO KNOW

A Solana-powered structure named Metaplex supports the generation and minting of non-fungible tokens as well as auctions and standardised NFT visualisation across wallets and applications. An on-chain programme and a self-hosted front-end web2 application make up its two main parts. Modern blockchain Solana is very different from the Bitcoin network. Modified cryptographic algorithms are used by Solana to build a quick and scalable blockchain. Blockchain technology has come a long way since the launch of the first decentralised Bitcoin network in 2009. It has changed from being a safe computer network for trading digital currencies to a place where complete virtual...

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GOVERNMENT ANNOUNCES NEED FOR UNIFORMITY IN NOMENCLATURE WITH RESPECT TO NATHAM LANDS

GOVERNMENT ANNOUNCES NEED FOR UNIFORMITY IN NOMENCLATURE WITH RESPECT TO NATHAM LANDS

The Government has announced that the nomenclature with respect to lands will be changed to reflect the difference between private and Government ownership. As Natham land records have adopted different nomenclature for different areas, the Government has found an urgent need to bring in uniformity in these records. This change will have to be bought to all Natham land records of different places excluding Chennai. Natham lands belongs to no one. There is no legal proof of the ownership of such a land. Grama Natham land can only be used for residential purposes and not commercial. There is no surrounding social...

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Legal remedies in case of fraudulent credit card transactions

Legal remedies in case of fraudulent credit card transactions

Niranjana T G, Associate, Dispute Prevention & Resolution Practice As the popular saying by Eckhart Tolle goes, ‘Awareness is the greatest agent of change’, it is vital in today’s technology-driven world to know about various kinds of cybercrimes that we could possibly be exposed to and the legal remedies available for the same. In this article, the author intends to discuss about one particular kind of cybercrime - credit card fraud and the legal solutions. Fraudulent credit card transactions may happen due to multiple reasons notably due to hacking, phishing[1] or the card being stolen. In such cases, a third party fraud...

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PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY

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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WTR 1000 2023

WTR 1000 SSIA Awards - IPR News

The World Trademark Review’s WTR 1000 2023, focuses exclusively on trademark practice and has firmly established itself as the definitive 'go to' resource for those seeking world-class legal trademark expertise. India continues to foster innovations and, since last year, has climbed to the 40th place in WIPO's Global Innovation Index. The 301 Report by the Office of the United States Trade Representative maintained India's ranking as one of the seven countries where protecting and enforcing IP rights presents a major challenge. The report praised improvements to the efficiency of online IP enforcement, reduced examination times for patent and trademarks and increased...

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The FIFA IP Law : Qatar’s Ticket To A Booming Economy

FIFA IP Law

Chinna Aswathy Abraham, Associate, Dispute Prevention and Resolution Practice S. Nagarjun, Student Intern Introduction: Organizing and staging a global sporting event is no small feat. The strategic use of trademarks and other commercial rights helps generate the revenue streams required to fund such events (1).With the increasing commercialisation of sports, large corporations and brands are keen on enhancing the fan experience by making sporting events accessible to every household, be it in the form of live broadcasting of these events or by way of sports merchandising. The Federation Internationale De Football Association (FIFA) World Cup is the world's largest single-sport event and the World...

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AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW

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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LEGAL ANALYSIS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022 – LIBERATIVE OR OBSTRUCTIVE?

Sara Suresh Associate, Surana & Surana International Attorneys On September 21, 2022, the Department of Telecommunication under the Ministry of Communication released the Draft Indian Telecommunication Bill, 2022 along with an explanatory note into the public domain for the people and the stakeholders to accord their comments. The Bill intends to consolidate the existing legal framework of telecom industry in order to make them future-ready to keep up with the innovations and technological advancements in the sector. Primarily, the Bill seeks to repeal the three existing laws – the age old British era Indian Telegraph Act, 1885; Indian Wireless Telegraph Act, 1933 and...

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IPR NEWS – WEEKLY UPDATES FROM 27th NOV – 3rd DEC

Delhi HC stops Andhra company from using Kohinoor Seed Fields trademarks The Delhi High Court on 1 December 2022, granted an ex parte ad interim order to an Andhra based company after the company has used the trade name deceptively similar to the plaintiff. In the present case, the Kohinoor Company, being a leading seed company, has put a non-exclusive contract with the defendant company for marketing and distributing their products. Further, the plaintiff has been selling transgenic BT cotton hybrid seeds, approved by the Genetic Engineering Appraisal Committee, in the brand names of “SADANAND”, “TADAAKHA” and “BASANT” from 2014. Later,...

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IPR NEWS – WEEKLY UPDATES FROM 6th NOV – 11th NOV

CONDE NAST v. DRAKE Conde Nast, the owner of Vogue magazine, on November 7 has filed a lawsuit against Drake and 21 Savage for using the Vogue trademark without authorization to promote their new album "Her Loss." Conde Nast claimed that the rappers' promotional campaign was "entirely" based on the unauthorized use of Vogue trademarks and false claims that they would appear on the magazine's upcoming cover with the "love and support" of longtime editor-in-chief Anna Wintour, including to their more than 135 million social media followers. Conde Nast said that the defendants also produced a fake issue of Vogue that...

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IPR NEWS – WEEKLY UPDATES FROM 25th SEP – 1st OCT

MYLAN PHARMACEUTICALS INC V. MERCK SHARP & DOHME CORP An U.S. appeals court ruled that a patent held by Merck Sharp & Dohme Corp. for its diabetes medications Januvia and Janumet is valid, rejecting a challenge to the patent made by generic manufacturer Mylan Pharmaceuticals Inc. The Court did not agree with Viatris Inc.'s Mylan's argument that the invention was invalid because to an earlier patent and other publications. On September 29, the Federal Circuit concurred with the board that the patent was valid. It denied Mylan's claims that the earlier works Mylan identified would have rendered Merck's patent apparent. LIVE LAW...

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IPR NEWS – WEEKLY UPDATES FROM 21ST AUG – 26TH AUG

ALLAHABAD LAW AGENCY V. AMAZON RETAIL INDIA PVT. LTD. & ORS The plaintiff is a book publishing company and had filed a lawsuit seeking permanent injunction against third party sellers in the e-commerce website of the defendant. The plaintiff alleged that pirated versions of the book, “the Law of Torts by Dr. R.K. Bangia”, was being sold in the e-commerce website by many sellers thereby committing copyright infringement. The plaintiff had claimed that the copyright of the book was bought by them from the author by an assignment deed executed in August, 1968 and after the death of the author, the...

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IPR NEWS – WEEKLY UPDATES FROM 1ST AUG-6TH AUG

Special drive for disposal of IP Disputes Marking the 75th anniversary of India's independence the Government of India has launched the 'Azadi Ka Amrit Mahotsav'. As a part of the same, the Office of the Controller General of Patents, Designs & Trade Marks has taken an initiative to run a special drive for disposal of IP disputes wherein parties are encouraged to dispose pending opposition and rectification cases and parties who have already settled their cases amicably are called upon to report to the same to the Registry of Trademarks. The public notice also states that parties are encouraged to settle...

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IPR NEWS – WEEKLY UPDATES FROM 17TH JULY- 23RD JULY

Marico Limited vs Dabur India Limited The Petitioner initiated a suit for infringement and disparagement in relation to the advertisement published by Dabur in various newspapers containing a disclaimer that implies that the Device/ Label mark of ‘Nihar’ which is a part of their advertisement belongs to the petitioner. It is therefore evident that the respondent was aware that the petitioner owns the particular mark. The petitioner claims that the pictorial impact of the advertisements demeans and disparages the petitioner's product and the comparison between the products conveying to the audience that the product of the petitioner is ineffective has amounted...

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IPR NEWS – WEEKLY UPDATES FROM 11TH JULY- 16TH JULY

Franco Indian Pharmaceuticals vs Vatican Lifesciences Private On July 12, 2022, the High Court of Bombay held that in the case of rival marks where they are phonetically, structurally, aurally, and visually similar; in such a way that a mere cursory look at the rival marks brings out the overwhelming similarity in such a way that'll lead to the likelihood of confusion and deception amongst members of the trade and public at large, a high degree of protection is required. The plaintiff is the registered proprietor of the marks “GLEAM’’, “GLEAM 1” and “GLEAM-2”. And defendants are the owner of the...

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IP NEWS UPDATES – JUNE 2022

OHIO STATE UNIVERSITY REGISTERS "THE" AS A TRADEMARK The term "THE" has been successfully registered by The Ohio State University in relation to apparel that the university wears during athletic activities. The United States Patent and Trademark Office (USPTO) initially rejected the registration on the grounds that the University was only using the mark ornamentally and that there was a likelihood of confusion because the fashion house Marc Jacobs had previously filed a trademark application for an identical mark in relation to clothing items. But Ohio State was able to demonstrate that the mark was being used more than purely ornamentally, and...

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IP NEWS UPDATES -MAY 2022

USPTO To Begin Issuing Electronic Trademark Registration Certificates On 2nd May, the USPTO announced via federal notice that, on June 7, 2022, the United States Patent and Trademark Office (USPTO) will start issuing electronic certificates of trademark registration. The electronic registration certificate will serve as the official registration certificate once it is issued. Trademark owners will have the choice to obtain paper "presentation" copies when the USPTO starts distributing electronic registration certificates, although doing so will carry a price. The ability to purchase certified copies of their trademark registrations will also be available. The Supreme Court's Effort to Resolve the Date on Section...

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National Conference on Intellectual Property for National Growth

National Conference On Intellectual Property For National Growth

Inspite of growing awareness about the importance of intellectual property protection among corporates, practical information about what IP strategies and filings are best for corporate growth, remains low. The conference aimed at educating corporates on the various government schemes for MSMEs, Indian Patent and Trademark Office practices, and various approaches to effective IP filing and enforcement. The conference was organised by Surana & Surana International Attorneys in association with Intellectual Property Bar of India Trust, supported by Hindustan Chamber of Commerce & The Tamil Chamber of Commerce. In his inaugural Address by Dr Vinod Surana, Managing Partner & CEO, Surana & Surana...

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