India

The Comprehensive Guideline To Registering A Trademark In India

The Comprehensive Guideline To Registering A Trademark In India

The Trade Marks Act of 1999 (“Act”) and the Trademark Rules of 2017 govern trademarks in India. The Act outlines the process for registering any mark that can graphically depict a word, device, label, number, or combination of colors, shapes, or sounds and can identify one person’s goods or services from another. To put it another way, a trademark serves as a source of identification for companies, goods, and services. In India, any individual or organization, including overseas applicants, may [...]

plant and seed patenting is in high demand in India, plant and seed patenting in India, plant and seed patenting is in high demand , plant and seed patenting,

Plant and seed patenting is in high demand in India

Many contentious plant patents have been introduced over the years in India and other countries. For instance, Indian cotton producers protested when Agracetus received a plant-related patent for genetically modified cotton cell lines in 1994, causing a public uproar. The agricultural community in India claims that these patents are harmful to the interests of a significant crop of national significance and might have a detrimental impact on the Indian economy. After this government joined the Agreement on Trade-Related Aspects of Intellectual [...]

India’s IP development path through the publication of the book Chrysalis , the book Chrysalis , India’s IP development path, the publication of the book Chrysalis ,

India’s IP development path through the publication of the book Chrysalis 

Although The International Trademark Association’s Annual Meeting Live+’s event recently was the one that took all the spotlight in the media, however, little did the people know that next to that event, at a small reception, India’s IP development path through the publication of the book Chrysalis by Safir Anand was slowly simmering.  Safir Anand is the author of Chrysalis and the creative genius behind many leading brands in India proffering inputs on brand strategy, business models, marketing, and commercial insights, blended [...]

Software Piracy and Intellectual Property in India

Software Piracy and Intellectual Property in India

Over the years, the globe has witnessed rapid advancements in information innovation, various inventions, and digitalization. This progress has also resulted in the rise of crimes and illegal digital activities such as hacking and programming theft. Theft has soiled software companies, posing a threat not only to product makers but also to the product’s customers. The advancement of technology has made it easier for anyone to duplicate projects, reproduce them, and sell them. The use of computer software has made [...]

new updates on the 1957 Copyright Act of India, updates on the 1957 Copyright Act of India, 1957 Copyright Act of India, Copyright Act of India,

New updates on the 1957 Copyright Act of India

India, as well as the rest of the world, is currently undergoing a significant change in the digital era. However, although most people have adapted to the changes, the same can’t be said about the laws, the regulations, and the foundation that built up India’s society. Accordingly, to be aligned with Digital India and the New Education Policy 2020, as well as the trending of the world, this country needs to have new updates on the 1957 Copyright Act [...]

Trademark Infringement In The Pharmaceutical Sector in India, Infringement In The Pharmaceutical Sector in India, The Pharmaceutical Sector in India, Pharmaceutical Sector in India,,

Trademark Infringement In The Pharmaceutical Sector in India

India’s pharmaceutical business is booming, having grown by leaps and bounds in recent decades. The Indian government is making strenuous efforts to develop this industry by creating and enforcing legislation that is consistent with international standards. As the market grows and industry participants spend, protecting intellectual property rights is becoming increasingly crucial for enterprises. Despite the fact that Section 13 of the Trade Marks Act of 1999 forbids the use of chemical names as trademarks, it is standard practice [...]

The DHC-IPD Rules and the Patent Rules, the Patent Rules, The DHC-IPD Rules, High Court of Delhi in India,

The DHC-IPD Rules and the Patent Rules announced by the High Court of Delhi in India

Recently, on February 24, 2022, the DHC-IPD Rules and the Patent Rules were announced by the High Court of Delhi in India. The Rules are supposed to bring unity to the proceeding process in India, at the same time increase effectiveness of the procedures.  The DHC-IPD Rules were the Intellectual Property Division Rules, 2022, focusing on streamlining the process for resolving IP disputes in India.  It is also tasked with the swift handling of IP-related matters including appeals, petitions, revocation, and [...]

Registering the mark “And Then There Were None” after more than 80 years since the publication date, And Then There Were None, Registering the mark “And Then There Were None”, Agatha Christie

Registering the mark “And Then There Were None” after more than 80 years since the publication date

Agatha Christie’s “And Then There Were None” is her most popular works published more than 80 years ago. However, when Agatha Christie Limited, the company set up by the author herself which is now being operated by her great-grandson files for the trademark registration of the words, they got denied repeatedly … until now.  Recently in the case of Agatha Christie Limited v. Registrar Of Trade Marks, the Delhi High Court has granted trademark protection to the mark “AND THEN [...]

The Conflict Between Patent And Competition Laws in India

The Conflict Between Patent And Competition Laws in India

The key to progress is revolution, which is why regulations such as patent laws exist to encourage people to come up with new technology and inventions by giving a set of incentives! The exclusive right of economic exploitation of an invention is one of these incentives. However, there are several regulations that aim to prevent monopolies and increase market competition. You may be questioning why, on the one hand, a law allows for exclusive rights to a new technology but, [...]

The 3rd year of the PPH Program between India and Japan

The 3rd year of the PPH Program between India and Japan

From December 20, 2021, the IPO (Indian Patent Office) will begin accepting PPH (Patent Prosecution Highway) applications. Bilateral relations between India and Japan have become very strong in recent years, and they are continuing to improve in all aspects with the progression of time, covering from commerce to strategic military alliances, as well as intellectual property rights. The Japan Patent Office (hereafter referred to as ‘JPO’) and the India Patent Office (hereinafter referred to as ‘IPO’) launched India’s first Patent Prosecution [...]

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