USTR has released the 2015 report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. Seventy Two (72) countries were reviewed in this report, and Twenty Four (24) countries have been placed on the Watch List, and Thirteen (13) on the Priority Watch List. Countries in the watch list include Canada, Columbia, Brazil, etc. India, China, Russia, Indonesia, etc., have been placed on the Priority Watch List.
Last year, USTR had conducted out of…
Samsung R&D Institute India - Bangalore has been honoured with the National Intellectual Property Awards, 2015 in the category - Top Indian Public Limited Company/Private Limited Company/Indian Subsidiary of Transnational Corporation. This annual IP awards event is organized by the Indian Intellectual Property Office (IPO) and the Confederation of Indian Industry (CII). Through the Department of Industrial Policy & Promotion (DIPP) of the Ministry of Commerce & Industry, Government of India, the IPO and CII confer the annual National Intellectual Property…
On April 20, the OSTP (Office of Science and Technology Policy) and the United States Patent and Trademark Office (USPTO) hosted the 2015 - Patents for Humanity Awards in the Eisenhower Executive Office Building. The USPTO announced the winners on April 13, 2015. Patents for Humanity is the USPTO's voluntary prize competition for patent owners and licensees. The program was launched at The White House in February, 2012 for promoting businesses of all kinds to apply their innovations to address…
Citation : ORA/126/2012/TM/CH, Order dated 16th April, 2015
Parties Involved :
Applicant :
1. Hypnos Limited (UK)
Respondents :
1. Hosur Coir Foam Pvt. Ltd.
2. Peps Industries Pvt. Ltd.
3. The Registrar of Trademarks, Trademarks Registry, Chennai
Brief Facts :
The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20.…
A two-year-long trademark litigation between Peps, the largest spring mattress company in India, and a UK bed manufacturer, has culminated with the Indian bed manufacturer emerging victorious!
The Trademark Rectification suit was initiated in 2012 by HYPNOS, UK, for removal of the registered and highly popular ‘HYPNOS’ mark of Peps, from the Trademark Registry. The British Company claimed that the mark was famous in India owing to the spill-over of its trans-border reputation. In retaliation, Peps contested HYPNOS UK’s claim that…
Five US models sued FashionGlama.com and two individuals for the use of their photographs (use of persona) for escort services, and on pornographic websites. These models had allegedly signed 6-month contracts for modelling services, and were shocked to find their photographs on unwelcome websites. The suit alleges fraud, misrepresentation, unauthorized use of photographs (use of persona), breach of reputation, and intentional infliction of emotional distress.
Though rarely pursued, such issues are very common in the Indian context as well. More…
National Protection:
Costa Rica has no registered GI for coffee but has included Geographical Indications and Denomination of Origin in the Law on Marks and other Distinctive Signs, 2000. To increase access to the international market with high quality products, iCAFE has established the program “seven regions, seven coffees”. In this program, important coffee regions with an individual profile were identified. However, it is still under discussion if a GI should be nation-wide or region-wide. But various national regulations…
After Teva, Mylan has recently settled its patent litigation with Pfizer. After the settlement, a generic version of the drug is expected to hit the market in 2017, instead of 2020, the year of patent expiry in USA. The early release of the drug is expected to reduce the cost of the drug, benefiting millions of users as it happened in Europe and Canada in 2013/2014.
The drug, Sildenafil, expired in Europe in 2013, and was the subject of patent…
Engineers at MIT (Massachusetts Institute of Technology) have developed a technique for forecasting technological advancement. Researchers successfully determined the improvement rates of 28 different technologies, including solar photovoltaic, 3-D printing, fuel-cell technology, and genome sequencing. They started by scanning approximately 500,000 technology related patents using a new method for selecting the patents that suit each technology. By analysing metrics of patents in each domain they found that some forward citations predict technological growth more than others. They devised an equation using…
Chapter VI of the Patent Rules, 2003 deals with Opposition proceedings. Rule 55 states that opposition by representation against the grant of a patent be duly field via Form 7 and sent to the Controller in duplicate. Rule 57 lays down rule regarding filing of a written statement of opposition and evidence.
By the Patents (Amendment) Act, 2005 a dichotomy was inserted for the first time in the Patents Act with effect from January 1, 2005 by providing for “opposition…