This post was first published on June 30th, 2014.
Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the…
First Publication Date: 1st February 2010.
Abraham Lincoln said, "Patents add fuel to the fire of genius". The role of the patent system is to encourage inventors by providing them incentives to give life to their ideas. As Lincoln rightly stated, the patent system provides the necessary encouragement to an inventive mind rather than creating one through its incentive system. The nature of the role played by the patent system in setting inventive minds in motion has been the subject of…
This post was published on August 06, 2014.
"Who invented the Radio?" When this question was asked during my school days, my answer was an immediate, "Marconi". Since that answer would fetch me my points, I didn't bother to look beyond. Recently, however, I realized that it has always been a controversial subject and that my answer could have been wrong. The villain... um.. no, the hero of the story is none other than Nikola Tesla, who is regarded as one of…
“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, Highlights of the 12th Edition of the Global Innovation Index 2019, Delhi High Court grants interim relief to Natco Pharma Ltd; Vodafone joins LTE patent pool of Via Licensing Corporation; KIPO observes filings of 16,991 PCT Applications, in 2018, China launches the establishment of a National Centre that offers guidance on IP related disputes and other news updates”, presented to you by the Patent attorneys and experts of…
This post was first published on 29th September, 2014.
When we first go grocery shopping, as a kid, we always wondered what those black and white, think and thin lines indicated. A big puzzle eventually gets answered as we grow up. We now know that they are codes represented in the form of bars, a method for automatic identification and data collection. It has evolved from a punch card system, designed to speed the purchasing process, to the modern barcodes we…
This post was first published on 29th July, 2014.
In continuation to our previous discussion on how to protect ideas in the entertainment industry, the upcoming posts in the series will discuss landmark cases and analyse how Courts consider Breach of Confidentiality claims. Previous posts in the series may be accessed here and here.
The first of these cases is Zee Telefilms Limited and Another vs. Sundial Communications Private Limited and Others:
This suit was brought by the Plaintiffs alleging Breach of Confidence in the…
This post was first published on July 10, 2012.
Given the global nature of businesses today, it is not uncommon for a patent applicant to file patent applications in multiple countries for the same invention. Like many other patent offices, the Indian patent office imposes an obligation on the applicants to update the patent office with respect to foreign filings for substantially the same invention for which an application has been filed in India. The whole idea is to benefit…
This post was first published on 29th October, 2014.
Intellectual Property Appellate Board, ORA/14/2009/PT/MUM ANDORA/14/2009/PT/MUM
Decision Date: 24 AUGUST 2012
This post focuses only on the inventive step analysis of IPAB. The question of inventive step arose in a revocation petition before IPAB in which lack of inventive step was one among several grounds. SiNApSE readers will recall this case for its ratio on Section 8 of the Patents Act.
Patent: The patent in question relates to a side bearing pad assembly…
This post was first published on 29th May, 2011.
Intellectual Property Rights, referred to as IPR, is one of the most upcoming branches of law. It is very dynamic, and laws are being made and changed according to what suits best the current social, economical, and political scenario. The laws are considered as an inevitable part of the modern world, as it ensures an exclusive right to people who discover or invent new appliances and processes.
This grant…
This post was first published on 18th May, 2014.
The 25th Special 301 Report of 2014 keeps India on the Priority Watch List and the USTR hopes to run an out-of-cycle review in Fall, after the New Indian Government is formed. After emphasizing on the need to balance Incentives for Innovation and Domestic issues in India, the Report puts forth the various concerns on the Patent System in India:
Patent Process
Commending the measures taken by the Indian Government, such as Digitization, Online Search & e-Filing…