Category: Intellectual Property

A Brief of the Design (Amendment) Rules, 2021

On June 7, 2019, in a historic move, India sent its instruments of accession to the Nice Agreement, Vienna Agreement, and the Locarno Agreement. The Nice and the Vienna Agreement are treaties that concern themselves with the International Classification of Trademarks, the Locarno Agreement Establishes an International Classification for Industrial Designs. Although, India followed these … Continue reading A Brief of the Design (Amendment) Rules, 2021

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MoU between Indian and the United States on Intellectual Property Cooperation

What is the purpose of this MoU? On December 02, 2020, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry and the Department of Commerce of United States of America, United States Patent and Trademark Office signed a Memorandum of Understanding on Intellectual Property cooperation. The ceremony took place … Continue reading MoU between Indian and the United States on Intellectual Property Cooperation

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Registration of Geographical Indications in India

Geographical Indication or GI Tags is an intellectual property right given over a product that originates from a specific geographical location and holds qualities that are intrinsic or reputable due to that location. A few examples of GIs are Roquefort Cheese which is a unique form of blue cheese that is aged in Roquefort-Sur-Soulzon, France; … Continue reading Registration of Geographical Indications in India

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IP Laws In Outer Space

Introduction Like other sectors, outer space is also affected by globalization and privatization and many private business entities are actively participating in collaboration with the government to achieve new milestones in the outer space. These private entities perform various services like broadcasting, sensing from space, fabrication, a supply of materials to manufacture the launch vehicles, … Continue reading IP Laws In Outer Space

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Can A Single Colour Acquire Protection?

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?

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Proprietary Article Certificate

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

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Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

In this case of Mittal Electronics v Sujata Home Appliances CS (COMM) 60/2020 the Delhi High Court on 9th September 2020 delivered a judgement on the Ad Interim Injunction Application filed by the Plaintiff under Order 39 Rule 1 ad 2 of CPC. The Plaintiff, Mittal Electronics, through their partners, filed a suit against the … Continue reading Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

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Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

The Hon’ble Apex Court in the case of Patel Field Marshal Agencies Vs. P.M. Diesels Ltd. &Ors. [1] threw light upon the said issue of invalidity. PATEL FIELD MARSHAL AGENCIES vs. P.M. DIESELS LTD. & ORS. Parties: Respondent is the registered owner of 3 trademarks, the common feature of all which is the words “Field … Continue reading Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

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Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

“Audi alteram partem” It is a famous Latin phrase and literally translates as “listen to the other side”. Other than being a famous Latin phrase, the same is also one of the two fundamental principles of natural justice. The aim of natural justice is to ensure fairness and remove arbitrariness. This doctrine dates back hundreds … Continue reading Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

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Call for Submissions: bLAWgathon 2019

About bLAWgathon Stumbling upon a piece of research that answers a crucial legal question is a common happenstance in the life of any lawyer, academic or student. Realizing the goal of community learning in the space of Intellectual Property and related Commercial/Corporate Laws; IIPRD and Khurana and Khurana Advocates and IP Attorneys (K&K); with an … Continue reading Call for Submissions: bLAWgathon 2019

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