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Trademark Valuation And Taxation

12th December, 2020 - 8:48 am Categories: TAX

Trademark Valuation Trademark is defined as a mark (may include symbols, colour, shape, packaging of goods, etc.) that encompasses the capability to geographically represent and distinguish the goods or services of one party from other parties.It is a set of rights that enables the use of such marks by the owner to the exclusion of … Continue reading Trademark Valuation And Taxation

IPO-JPO Bilateral Patent Prosecution Highway (PPH) program – Acceptance Of Requests For Second Year

11th December, 2020 - 10:59 am Categories: Legal Issues

A Bilateral Patent Prosecution Highway (PPH) pilot program was initiated between the Indian Patent Office (IPO) and the Japan Patent Office (JPO) on December 5, 2019. In the first year of pilot program implementation, the IPO accepted applications in several rounds throughout the year (December 2019, March 2020, August 2020), which ended with last round … Continue reading IPO-JPO Bilateral Patent Prosecution Highway (PPH) program – Acceptance Of Requests For Second Year

S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case

10th December, 2020 - 4:10 am Categories: Legal Issues

The Hon’ble Supreme Court, recently in the case of S.D. Containers Indore v. M/s Mold Tek Packaging, [i] clarified the ambit of certain important provisions of the Design Act, 2000, and the Commercial Courts Act, 2015. Brief Facts of the case: The Plaintiff/Respondent had initially filed a suit for declaration, and to obtain a permanent … Continue reading S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case

Proprietary Article Certificate

4th December, 2020 - 4:33 am Categories: Consumer Law Intellectual Property

Proprietary Article Certificate (PAC) is obtained after getting necessary approvals from the competent authorities (as per General Financial Rules-2017) if the buyer wants to buy any specific Original Equipment Manufacturer (OEM) product.[1] PAC should be operated on manufacturer only. There are occasions when PAC products cannot be procured from OEM and have to be procured … Continue reading Proprietary Article Certificate

Philips Files Patent Infringement Case Against Xiaomi

4th December, 2020 - 4:04 am Categories: Legal Issues

The Dutch technology company, Koninklijke Philips, has moved a patent infringement case against the Chinese Smartphone and Technology Company, Xiaomi, its affiliates, officers, or agents. In this case the Plaintiff has claimed that the Defendants have used the Plaintiff’s Universal Mobile Telecommunication Service (UMTS) enhancement technology such as High-Speed Packet Access (HSPA), HSPA+, and LTE, … Continue reading Philips Files Patent Infringement Case Against Xiaomi

Putting A Stop To“Vexatious” Claims In Foreign Courts: The Delhi High Court Comes To The Rescue

3rd December, 2020 - 4:47 am Categories: Legal Issues

Introduction: The Delhi High Court in the recent case of HT Media Limited & Anr. v. Brain link International, Inc.,[i] decided to grant an anti-suit injunction against the defendant company based in the United States of America that infringed the domain name of Hindustan Times Media Ltd. (“HT”). HT sent a cease and desist notice … Continue reading Putting A Stop To“Vexatious” Claims In Foreign Courts: The Delhi High Court Comes To The Rescue

Regulating Something Which Cannot be Stopped: Taking the Concept of British Gambling Commission Forward in a Gambling-Prone India

30th November, 2020 - 12:37 pm Categories: Sports Law

Gambling today is not per se legal in India, but the very fact that none of the gambling legislations define the term “gambling”, have made the entire scenario obscure and has called for regulations considering the immense potential of the gambling industry to fetch revenues. Though there have been recommendations from the law commission to … Continue reading Regulating Something Which Cannot be Stopped: Taking the Concept of British Gambling Commission Forward in a Gambling-Prone India

Delhivery Pvt. Ltd. vs Treasure Vase Ventures Pvt. Ltd.

24th November, 2020 - 7:50 am Categories: Legal Issues Trademark

“The degree of distinctiveness, and, therefore, the possibility of registration as a trade mark, is inversely proportional to the degree of obviousness: the more obvious the word, the less the degree of distinctiveness and the chances of its registration” Justice G.S. Patel In a recent trademark suit filed by Delhivery Pvt. Ltd., the Delhi High … Continue reading Delhivery Pvt. Ltd. vs Treasure Vase Ventures Pvt. Ltd.

Received Notice From GST Department – Key Points To Consider

19th November, 2020 - 4:35 am Categories: TAX

Recently the GST Department has started issuing notices based upon the income tax returns filed by businesses and individuals or TDS credits reflecting in their Form 26AS. The move is aimed towards identifying cases where certain income although reflecting in Income Tax returns, has not been declared in the GST returns or no registration has … Continue reading Received Notice From GST Department – Key Points To Consider

Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

11th November, 2020 - 11:39 am Categories: IPAB Decisions

The Intellectual Property Appellate Board (IPAB / Board) in a recent order (OA/66/2020/PT/DEL) dated 27 October 2020 allowed the appeal filed by ESCO Corporation (Appellant) challenging the refusal of its patent application 8094/ DELNP/ 2008 by the Controller of Patents & Designs, New Delhi (Respondent). The Respondent had refused the grant of patent solely on … Continue reading Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

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