This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 23rd of July 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 634 patent applications have been published in the 30th issue of the Patent Journal, 2021. Out of the 634 applications published in the journal, 124 applications account…
AUTHORED BY
DR. KALYAN C. KANKANALA
Senior Partner (IP Consulting and Strategy), BananaIP Counsels
Email: contact@bananaip.com
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As new technologies emerge, they challenge traditional legal principles and concepts, which often lag behind technological progress. Though Artificial Intelligence (AI) as a term and a field has been in existence since the 1950s, it did not pose serious legal challenges as its implementability and applicability was limited. Today however, developments in computation, communication, information, data and other technologies have significantly enhanced the implementability and utility of…
Background
On 23rd July, 2020 the Central Government had notified the Consumer Protection (E-Commerce) Rules, 2020. The Department of Consumer Affairs on 21st June, 2021 published the proposed amendments to Consumer Protection (E-Commerce) Rules, 2020 and had sought views/ comments/ suggestions to be sent within 15 days, i.e., by 6th July, 2021 by email to js-ca@nic.in. Later the last date was extended to 21st July, 2021.
Structure
The comments, suggestions and inputs have been provided in two parts. The first part…
This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 16th of July 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 879 patent applications have been published in the 29th issue of the Patent Journal, 2021. Out of the 879 applications published in the journal, 325 applications account…
A decrease of 15 percent in total number of trademark applications examined by trademark office. A total of 4509 registrations granted. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays.
Indian Trademark Statistics
The Trademark Registry has had an overall decrease in its working capacity in the last week. There has been a decrease of seventeen percent (17%) in the total applications disposed through show cause hearings. There has also been…
Cross Fit LLC vs Mr. Renjith Kunnumal & Anr.
The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim…
Merck Sharp And Dohme Corp & ANR vs YMS Laboratories Private Limited
In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the plaintiff made out a prima facie case. The plaintiff in the case submitted evidence to show that…
The Center has extended the deadline for seeking suggestions on the proposed e-commerce rules till July 21, 2021 according to a notification issued by Center on July 5, 2021. Earlier the Ministry of Consumer Affairs had sought feedback on the proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020, till July 6, 2021.
Highlights of Duties and Liabilities of Marketplace E-commerce and Inventory E-commerce entities:
Liabilities of Marketplace E-commerce entities:
• To provide information about the country of origin, best before…
FACTS OF THE CASE
In this case, Cipla Limited, the Respondent/Plaintiff, filed a suit for permanent injunction before the Madras High Court. The suit was against Sun Pharmaceuticals Industries Limited, the Applicant/Defendant, as it infringed the Respondent/Plaintiff’s copyright and registered trademarks as follows:
The Applicant/Defendant imitated and substantially reproduced the artistic packaging, trade dress and labels of the Respondent/Plaintiff’s ‘BUDECORT RESPULES’ and ‘DUOLIN RESPULES’ which amounted to infringement of their copyright in artistic works. These were Budeonide Nebuliser Suspension BP,…
Sun Pharmaceutical Industries Limited vs Cipla Limited
In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…