India approved its first ever Intellectual Property Rights (IPR) policy on 13th May 2016 with a vision to stimulate creativity and innovation and to promote advancement in science and technology, art and culture, traditional knowledge and biodiversity resources.
The policy lays out seven broad objectives and they are as follows:
Awareness: outreach and promotion;
Generation of IPRs;
Legal and legislative framework;
Administration and management;
Commercialization of IPR;
Enforcement…
The National IPR Policy for India, released on 13th May 2016 outlines seven broad objectives laid down by the policy, as discussed in the earlier posts accessible here and here.
This post will focus on the aspects of Geographical Indications, Designs and Trademarks dealt by the new IPR Policy.
The policy highlights the lack awareness of IP benefits and rights among possible IPR generators and holders. The Policy addresses the concern that Geographical Indications (GIs) needs to be promoted especially…
The European Parliament and The Council of The European Union recently passed the Regulation (EU) 2015/2424 . The legislation concerns an amendment to the European Union trademark law. The new legislation has India worried as it enlists stringent enforcement provisions that allow customs officials to seize foreign consignments en route to third countries if they contain items with brand names or logos similar to those registered as trademarks in the 28-member nations of the EU block.
The specific provisions that…
You win some, you lose some!! China passed two judgments last week, with respect to trademark involving two of the most famous brands- “iPhone” and “Facebook”. The judgments are very surprising because as we all know that Facebook though blocked in China, was allowed the trademark protection. However, iPhone despite being popular and sold in China lost the trademark battle.
The iPhone imbroglio:
Xintong Tiandi, a Chinese manufacturer of luxury leather goods has been selling handbags, mobile phone…
The following presentation was delivered by Dr. Kalyan C. Kankanala at the one day Seminar on ‘IPR Management for Startups in Electronics and ICT Sectors’ on 6th May 2016, in Hyderabad, organized by Andhra Pradesh Technology Development & Promotion Centre (APTDC) of Confederation of Indian Industry (CII) in association with Department of Electronics and IT (DeitY). Participants of the seminar included Budding Entrepreneurs, Managers/Executives in Startups and Professionals in various functional areas of Startups such as Research & Development, Marketing,…
Louis Vuitton is one of the world’s largest fashion brands whose trademark LV is famous across the globe. In a recent event, the fashion brand filed a case against “Louis Vuitton Dak” – a South Korean Fried Chicken Restaurant for trademark infringement on the grounds of confusing similarity in the trademarks.
According to the Korean Times - the logo of the chicken restaurant bears a close resemblance to that of original luxury brand - Louis Vuitton’s logo. In September 2015…
In this post we will be analyzing whether a numeral Trade mark can be deceptively similar to another mark consisting of different numerals. This issue has recently been dealt with by the Delhi High Court in the case Mona Aggarwal & Anr vs. Glossy & Paints Pvt. Ltd. & Anr.
The brief facts of this case are that, the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd is said to have adopted and used over the mark "1001" since 1946. The…
The Delhi High Court has recently vacated an ex-parte ad-interim injunction in the case of Apple Inc. v. Rohit Singh & Another.Rohit Singh, a software developer and consultant at Vyooh Low Level Computing LLP, initiated an action of passing off against Apple Inc. for using the mark ‘Split View’ or a deceptively similar variant in relation to its software products.
Rohit Singh developed three proprietary software products, Split View, Disk View and View Scribe respectively. Vyooh claimed that Splitview has…
The recent entertainment IP legal battle pertains to Beyoncé suing Feyoncé Inc, for sale of T-shirts, hoodies, tank tops and other clothing items, and engagement mugs bearing words "Feyoncé” confusingly similar to her registered mark “Beyoncé” and bearing the famous lines “He put a ring on it” from her most popular song “Single Ladies”.
Beyoncé brought a suit for injunction against the Defendants Feyoncé Inc - a Texas based company involved in selling online merchandise, for willful trademark infringement, unfair…
Last week we reported about the recent Delhi High Court order dated 05/04/2016 regarding the recent abandonment of multiple trademark application by the Trade Mark Registry. Ruling on Writ Petitions WP (C) 3043/2016 & 3067/2016, the Delhi High Court stayed the abandonment of all trademark application on or after 20/03/2016.
A quick recap for all readers who have not been following the story- The Trade Mark Registry had recently abandoned numerous applications under Rule 38 (5) of the Trade Marks…