Blogs

Can A Single Colour Acquire Protection?

11th January, 2021 - 12:32 pm Categories: Intellectual Property

In 2015, Hitachi filed an application for a colour mark registration with JPO consisting of a single colour – an unassuming orange – over its hydraulic excavators. Hitachi holds a 20% market share of hydraulic excavators since the past forty years in Japan. A questionnaire-survey showed that approximately 96% of traders in the construction industry … Continue reading Can A Single Colour Acquire Protection?

New Rules On Statement Of Working Of Patents (Form 27): What It Means For Indian Patent Holders

9th January, 2021 - 4:18 am Categories: Patent Rule Amendment

In one of our previous blogs, we covered about the changes introduced through the Patents (Amendment) Rules, 2020 (“2020 Amendment Rules”) which came into force on October 20, 2020. Among other things, major change has been introduced with respect to the manner in which the statement of working of patent in Form 27 has to be … Continue reading New Rules On Statement Of Working Of Patents (Form 27): What It Means For Indian Patent Holders

IPAB Puts Stay On Use Of Trademark N95

8th January, 2021 - 7:31 am Categories: IPAB IPAB Decisions

On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word “N95”- with registration number 4487559 in class 10. The rectification application was filed under section 57 of the Trade mark Act, 1000 for the removal of the “N95” label. The court held that N95 mark … Continue reading IPAB Puts Stay On Use Of Trademark N95

Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

18th December, 2020 - 12:35 pm Categories: Legal Issues

The COVID-19 situation has changed the buying behaviour of consumers and in a way changed the way products are being produced to meet the needs of consumers. It has created variations of products in both the hygiene and immunity areas – and most products have found room for themselves in one of these two buckets … Continue reading Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

16th December, 2020 - 6:02 am Categories: Legal Issues

The Supreme Court case of S. D. Containers vs. M/s Mold Tek Packing [1] was a matter of jurisdictional issue due to the conflict between section 22(4) of the Design Act, 2000 (hereinafter referred to as Act 2000), and Commercial Courts Act, 2015. To understand how Supreme Court addressed the issue, it is important to … Continue reading Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

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

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