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SURANA & SURANA > Posts tagged "suranaandsurana"

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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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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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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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...

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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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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...

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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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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...

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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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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...

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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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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...

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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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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...

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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,...

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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...

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Issues with Repeat Appointments of Statutory Arbitrators

Issues with Repeat Appointments of Statutory Arbitrators

Arunima Das A. Introduction: Repeat appointments of arbitrators refer to the appointment of an arbitrator for multiple arbitration proceedings. It ordinarily involves the same arbitrator being repeatedly chosen by a single  party or counsel for various cases. In the context of statutory arbitrations, arbitrators are appointed by statutory bodies, rather than by the parties themselves. Consequently, when a sole arbitrator is appointed by a statutory body, for cases with the same subject matter and involving a common party, it can also be considered a form of repeat appointment within statutory arbitrations. Although this definition may be subject to debate, this article assumes...

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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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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 20th NOV – 26th NOV

In the battle over Vistara, Delhi High Court favours Tata Airlines According to the Delhi High Court’s order on 22 November 2022, Justice Jyoti Singh granted ex-parte ad-interim injunction, curbing the use of the well-known trademark, “VISTARA” belonging to the Tata Airlines by a Karnataka based news channel. The trademark “VISTARA” has been declared as a well-known trademark by this Court in TATA SIA Airlines Limited vs. M/s Pilot18 Aviation Book Store & Anr. Further, the Judge took account of the reputation and goodwill of the plaintiff, owing the accolades and popularity bagged by them among the public for their website...

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IPR NEWS – WEEKLY UPDATES FROM 30th OCT – 5th NOV

LOUIS VUITTON MALLETIER V. FUTURETIMES TECHNOLOGY INDIA PRIVATE LIMITED & ORS The Delhi High Court on November 3 has granted Louis Vuitton Malletier, a French luxury fashion brand, Rs. 20 lakhs in fees in its trademark infringement case against Club Factory, a Chinese e-commerce platform that was outlawed in India in 2021. Louis Vuitton's attorney informed the court on November 3 that the plaintiff only wishes to pursue costs in the case, despite the fact that the lawsuit was officially decided on March 24 when a permanent injunction was granted against the Chinese website and it was now scheduled for ex-parte...

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IPR NEWS – WEEKLY UPDATES FROM 16th OCT – 22nd OCT

K. N. GOVINDACHARYA  vs SECRETARY GENERAL & ORS On October 17, the Supreme Court issued notice in response to a petition asking for instructions to protect the Court's copyright over video recordings of court proceedings that are live-streamed on websites like YouTube. The application also aimed to stop live-stream material from being used for profit. In the application, it was requested that the live-streaming closely adhere to the ruling in Centre for Accountability and Systemic Change (CASC) v. Secretary General &Ors., (2018) 10 SCC 639. Justice Bela M. Trivedi and Chief Justice UU Lalit made up the panel that heard the...

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IPR NEWS – WEEKLY UPDATES FROM 9th OCT – 15th OCT

ALLERGAN INC AND ANR. v. CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS AND ANR. The Controller General of Patents, Designs, and Trademarks has received criticism from the Delhi High Court on October 12 for failing to notify the International Bureau of the World Intellectual Property Organization of the filing of two entities' opposition to the registration of international trademarks within the time frame required by the Trademarks Act. The order passed by the Controller General was contested by the two petitioners, who had filed oppositions in response to publication of the international registration of the trademarks. The petitioners made the...

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IPR NEWS – WEEKLY UPDATES FROM 2nd OCT – 8th OCT

QUALCOMM v. APPLE Despite the fact that the two tech titans' legal battle over three smartphone patents had been resolved, the U.S. Supreme Court on October 3, once more declined to consider Apple Inc.'s request to resurrect the case. In 2017, Qualcomm filed a lawsuit against Apple in federal court in San Diego, alleging that the company's iPhones, iPads, and Apple Watches violated many mobile technology patents. The lawsuit concerned a larger international conflict between the two digital behemoths. At the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, Apple contested the legality of the patents at...

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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 18TH SEP – 24TH SEP

INDIAMART INTERMESH LIMITED v. MR SAMEER SAMIM KHAN  & Ors. The petitioner IndiaMart filed a suit for permanent injunction against the fraudulent website https://india-mart.co/ who was fraudulently offering jobs under the plaintiff’s name. The IndiaMart is a registered trademark and also the registered domain www.indiamart.com way back. The High Court observed that “Plaintiff has made out a prima facie case for ex parte ad interim injunction. Balance of convenience lies in favour of the Plaintiff. If the activities of Defendant are not nipped in the bud, irreparable injury would be caused not only to the Plaintiff, but also to public at...

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IPR NEWS – WEEKLY UPDATES FROM 4TH SEP – 10TH SEP

INVESTMENT FIRM METACAPITAL SUES META FOR INFRINGEMENT Investment firm Metacapital Management LP sued Meta Platforms Inc in Manhattan in federal court on Wednesday, alleging that the Facebook parent company's use of the name “Meta” to provide financial services would cause customer confusion and violate its trademarks. Metacapital has also asked the court for damages of at least $60 million, the same amount Meta Platforms paid last year to acquire the trademark assets of Meta Financial Group, a regional bank. The investment firm has been using their name since 2001 whereas the name Meta Platforms which has been revamped from Facebook since 2021. CHAAYOS V. CHAIPOS This is...

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DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS WHILE EXERCISING REVISIONAL JURISDICTION?

DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS

T.G Niranjana, Associate, Dispute Prevention & Resolution It has been settled by a catena of judgments that the District Consumer Dispute Redressal Commissions do not have the power to set aside the ex-parte orders passed by them. The current trend to ‘overcome this difficulty’ is to file a Revision Petition before the State Consumer Dispute Redressal Commissions seeking to set aside the ex-parte orders passed by the District Commission. However, are such Revision Petitions maintainable in law? Power to set ex-parte: According to section 38(3)(b)(ii) of the Consumer Protection Act, 2019,(hereinafter referred to as ‘the Act’), the District Commissions are empowered to...

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

Case of Coco-Cola for Cancellation of US Trademarks

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

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Doctrine of Fair Dealing in Indian Copyright Law

Doctrine of Fair Dealing in Indian Copyright Law

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

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IPR NEWS – WEEKLY UPDATES FROM 7TH AUG-13TH AUG

DFM FOODS LIMITED v. CHANDEL STORE & ORS. The plaintiff is the owner of the registered trademark of 'CRAX CURLS' and 'CURLS' which is a type of corn-based snack launched in December 2016. The plaintiff alleged that the defendant even though changed their trademark from ‘CURLS’ TO ‘KURVY’, the packaging of the same, both before and after name change is deceptively similar with that of the plaintiffs. The Court held that the plaintiff has prima facie case in their favor because customers can easily be confused and cheated since the goods are of low price. Therefore, restrained the defendant from using...

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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 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 -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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