This post was first published on 2nd September, 2014.
Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005.
India became a party to the TRIPS Agreement in April, 1994. At that time, India's then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on…
This post was first published on 4th July, 2014.
Compulsory Licenses are licenses granted by the government or the patent office, irrespective of whether the patent holder gives consent to such a license. For most types of Compulsory Licenses, the granting authority fixes the royalty payable to the patent holder. Compulsory Licenses, with respect to patents, are of various types:
General Compulsory License – Granted for all types of inventions when certain predefined parameters are satisfied;
Compulsory License in National Emergency,…
This post was first published on 10th June, 2014.
Trademarks are vital for the commercialization and growth of an industry. It is a valuable asset for a business entity as it acts as a link between the goods and the producer. It is through trademarks that consumers identify a particular product, as a result of which, it can be rightly said that the reputation of a company is built on trademarks.
As a brand gains popularity, it is subject to various…
This post was first published on 5th January, 2014.
The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai.
The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical…
This post was first published on 11th August, 2014.
This post brings to a conclusion, the series on Protecting Ideas, Concepts, Scripts and Stories in the Entertainment Industry.
Researchers have analyzed three cases on Confidentiality and its breach in the case of Intellectual Property Rights namely in the Urmi Juvekar Chiang case, the Zee Telefilms case and the Anil Gupta vs. Kunal Dasgupta case. The facts of the cases are similar, namely that all three have Plaintiffs that are companies or people who have made…
This post was first published on 11th August, 2013.
India has been officially notified as a member to the Madrid Protocol on 8th July 2013 joining 89 other countries including the USA and European Union.
What is Madrid Protocol
The Madrid Protocol is an international trademark filing system that provides a cost-effective and efficient way for individuals and entities to secure protection for their marks in multiple countries by filing one application with the Indian Trademark office. At present, there are a total…
This post was first published on 8th November, 2014.
Most places in the world, where traditional knowledge and folklore exist, face the challenge of multiculturalism and cultural diversity because they have both indigenous and immigrant communities. A balance has to be struck between the protection and preservation of cultural experience and traditional. Efficient cultural policies are required to meet the above challenges and free exchange of cultural experiences is required to make policies for effective protection of the same.
A further…
This post was first published on July 16th, 2014.
Patent protection is territorial in nature. A patent application filed in a country can entail the enjoyment of patent rights in that country only and thus a patent application has to be filed in countries where the applicant intends to gain protection. Thus in order to seek patent protection in multiple countries, the applicant will have to file the application in each of these countries. There is no limitation on the…
Indian Trademark Statistics for July (Forth Week), Prasar Bharti stopped from Using “Dish” for its DTH Services, Financial Advisor Enforces Rights to “Financial Quarterback” Mark, McDonald’s Outlets Reopened in Kolkata by McDonald’s, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels
TRADEMARK QUOTE OF THE WEEK
A product can be quickly outdated, but a successful brand is timeless- Stephen King
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office have had an increase in its work pace.…
This post was first published on 18th July, 2014.
If an invention has been published or publicly displayed, it will not be eligible for patenting except for in certain cases. As part of this post, we will look at an essential stage in the patenting process called Publication. We will also discuss the exceptions, where prior publication may not hinder the patenting of an invention.
In India, once an application for a patent has been made, the application shall be published by the Patent Office…