Category: India

Observations/Recommendations on Personal Data Protection Bill, 2018

A historic military data sharing pact, COMCASA was inked yesterday by India-US at the 2+2 bilateral summit. As per the pact, high-end encrypted communication and satellite data would be shared giving Indian military access on platforms installed by the US. This is said to give us real-time information about the movements of other army troops … Continue reading Observations/Recommendations on Personal Data Protection Bill, 2018

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Patent (Amendment) Rules 2017

Department of Industrial Policy and Promotion (DIPP) has amended Patent Rules 2003 with effect from 1st December 2017 called as the Patent (Amendment) Rules, 2017. The definition of “startup” under rule 2(fb) has been substituted with a new definition. A more liberal definition of startup has been incorporated that can allow domestic as well as foreign … Continue reading Patent (Amendment) Rules 2017

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Khurana & Khurana Opens DELHI (Jangpura) Office

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, upon successful completion its 10 years of practice,are happy to announce that they are opening up their 7’th branch Office in Jangpura, Delhi  w.e.f  2nd January 2018, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and … Continue reading Khurana & Khurana Opens DELHI (Jangpura) Office

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Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC

The news of famous French fashion designer Christian Louboutin’s ‘red sole’ shoes with their sky heel stiletto and iconic red sole often regarded as the fashion statement has recently been in the limelight for being declared as a well-known trademark by Justice Mukta Gupta, Delhi High Court, but very few know the story behind the … Continue reading Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC

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Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

The case Exide India v Exide US brings into effect the perplexing issue of Trademark law. The dispute dates back to 1997 when the US based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under the … Continue reading Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

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GROUNDLESS THREAT OF PATENT INFRINGEMENT

Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT

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Modification in Procedure Regarding Examination of Patent Applications Involving the Use of Biological Material

The Biological Diversity Act (the BD Act) was enacted with the goal to provide for conservation of Biological Diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilization of biological resources. One of the provisions under the BD Act (section 6) relates to seeking prior permission … Continue reading Modification in Procedure Regarding Examination of Patent Applications Involving the Use of Biological Material

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TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

INTRODUCTION: Tim Parks in his book[1] wrote “You will only have copyright in a society that places a very high value on the individual, the individual intellect, the products of individual intellect.” In an overtly aware society like ours, there is no doubt that we not only value but are also more aware of our … Continue reading TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

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INDIA’S PROTECTION TO SECRETS OF TRADE

Introduction The global econoamy is trending towards an era of protectionism as can be seen from policies such as “Make America Great Again” and “Make in India”, thereby increasing the significance on exports and the manufacturing sector. As a corollary effect, the importance of Intellectual Property (IP) protection also increases due to the need to … Continue reading INDIA’S PROTECTION TO SECRETS OF TRADE

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Legitimacy of IPRS and PPL

What is a Copyright Society? The collective administration of copyright by a society is a concept where management and protection of copyright in several works are undertaken by the said society of authors and other owners of such works. In India, a copyright society is registered under Section 33 of the Copyright Act, 1957. Such … Continue reading Legitimacy of IPRS and PPL

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