Blogs

Copyright Protection Services in Pune: Safeguard Your Intellectual Property

In today’s digital age, the protection of intellectual property (IP) has become more crucial than ever. Whether you’re an artist, writer, software developer, or business owner, safeguarding your creations is essential to maintain your rights and prevent unauthorized use. Pune, a city known for its vibrant cultural scene and burgeoning tech industry, offers a range […]

NATIONAL IP NEWS OF DECEMBER 2023

1. Delhi High Court Challenges Trademark Monopoly Over Shape Variants In a notable decision, the Delhi High Court declared that possessing a trademark registration for a specific shape does not entitle a party to monopolize all variations of that shape. Justices Vibhu Bakhru and Amit Mahajan, in the case of M/s Suman International & Anr. [...]

Domain Names as Trademarks: Yay or Nay?

Introduction Domain names have become valuable assets in today's increasingly digital world, where businesses rely heavily on their online presence. Understanding the relationship between domain names and trademarks is critical in intellectual property law. This article delves deeper into the importance of domain names as trademarks in India, shedding light on the legal framework governing [...]

The Crucial Role of ‘Use in Commerce’ in Sustaining Trademarks in India 

Introduction In the world of intellectual property, trademarks stand as the keystone of brand identity and protection. In India, as in many jurisdictions worldwide, the validity and sustainability of a registered trademark hinge significantly on the concept of 'use in commerce.' This legal requirement serves as a litmus test, ensuring that trademarks aren't merely placeholders [...]

Unlocking Innovation: Your Guide to Patent Services in Bangalore

Are you an innovator, entrepreneur, or business owner with groundbreaking ideas waiting to be protected? Look no further! Welcome to our blog, your ultimate resource for navigating the world of patents in Bangalore. Whether you’re seeking guidance on patent registration, infringement analysis, or portfolio management, our expert insights will empower you to safeguard your intellectual […]

Understanding IP Assignment and Licensing

Introduction Intellectual property (IP) is frequently the foundation of a company's success in today's fast-paced and competitive business environment. IP includes a variety of assets, ranging from patents and trademarks to copyrights and trade secrets, all of which play an important role in fostering innovation and maintaining a competitive edge. However, as businesses evolve and [...]

Naked Licensing in Trademarks: The ABC of quality control!

Naked Licensing in Trademarks: The ABC of quality control! Introduction The concept of naked licencing has become a critical aspect that requires a thorough understanding in the dynanic world of trademark law. At its most basic, trademark licencing entails the owner of a trademark granting permission to a third party, known as the licensee, to [...]

Celebrities and Trademarks: Safeguarding Fame!

Introduction In the fast-paced world of entertainment, a celebrity's name is more powerful than their acting or singing. There isn't a special law that protects celebrities' personal rights, so many of them use trademark law to keep their identities safe. This article talks about how famous people get around the law by using trademark protection. [...]

The Intersection of Sports and Intellectual Property

Introduction In the fast-paced world of sports, where speed and competition are king, intellectual property (IP) is a player that is often forgotten. Intellectual property, which includes things like patents, trademarks, and copyrights, is very important to the sports industry's identity, ability to make money, and new ideas. This article talks about the interesting relationship [...]

ChatGPT and Copyright Quandaries!

Introduction The emergence of revolutionary models like ChatGPT has brought about a significant transformation in the field of artificial intelligence (AI) and natural language processing. These models, driven by sophisticated algorithms and extensive datasets, have the ability to generate text that closely resembles human language, opening up a wide range of applications. However, with the [...]

Patent Acquisition Strategies: An Ultimate Guide

Introduction In the rapidly evolving landscape of innovation, safeguarding intellectual property rights has become indispensable for companies striving to maintain a competitive edge. Patent acquisition, the method of acquiring exclusive rights to an invention, is a crucial element in safeguarding a company's inventive creations and promoting sustained development. This comprehensive guide delves into the importance [...]

Trademarking Geometric Sign in India

Introduction In the realm of intellectual property, trademarks serve as crucial assets for businesses, distinguishing their products or services from competitors. Traditionally, trademarks have included words, logos, and even distinctive packaging. However, in the age of evolving design aesthetics, the question arises: Can geometric signs be trademarked in India? If so, how does one go [...]

Detecting Unauthorized Use: Understanding Trademark Squatting

Introduction Trademark squatting is a phenomenon that poses a significant challenge to businesses and individuals seeking to protect their brand identities. In simple terms, trademark squatting occurs when someone registers a trademark that they have no intention of using, with the purpose of profiting from the rightful owner's brand reputation. This deceptive practice can lead [...]

Coexistence in Contradiction: Trademark to be read as a whole v. Rule of Dominant Feature

Introduction In addition to the specific guidelines outlined in the Indian Trademarks Act and the Trademark Rules, the landscape of trademark law is enriched by foundational principles established through years of judicial decisions. Among these, two key principles—'Trademark to be read as a whole' and the 'Rule of dominant feature'—play a significant role in defending [...]

Navigating the World of Patent Filing in Bangalore

Are you an innovator or entrepreneur in Bangalore with a groundbreaking idea ready to be protected? Understanding the process of patent filing is crucial to safeguarding your intellectual property and ensuring that your hard work remains exclusively yours. In this guide, we'll walk you through the essential steps and considerations involved in patent filing in [...]

Syncing the steps: Copyright Protection for Dance Choreography!

Introduction Dance is a universal language that transcends boundaries, and choreography is the art of arranging movements in a sequence to create a beautiful and expressive dance piece. In the world of intellectual property, protecting dance choreography can be as intricate as the movements themselves. This article explores the fascinating realm of copyright protection for [...]

Music in Eateries and Copyright Compliances!

Introduction Imagine your favourite local restaurant or pub in India - the place where you enjoy good food and great vibes. You've probably noticed the background music playing, making the whole experience more enjoyable. But here's the catch - playing those tunes isn't as easy as just pressing a button. There are rules and permissions [...]

An in-depth examination of the Trademark Infringement Case – Dominos IP Holder LLC & Anr.and Dominick Pizza & Anr.

Introduction In a recent legal victory, Dominos IP Holder LLC and Jubilant Food Works Limited came out on top in a high-stakes legal dispute against Dominick Pizza & Anr.   This case highlights the complex issues that well-established brands encounter when dealing with trademark infringement and passing off. It emphasises the need for proactive measures [...]

Protecting Intellectual Property in E-Commerce

Introduction Online shopping has transformed the way we shop, offering convenience and a wide array of choices. However, the growth of e-commerce has also given rise to critical issues, particularly concerning intellectual property (IP) protection. A significant legal case, Tibra Collection's action against e-commerce giant, Meesho, highlights the urgency of addressing these concerns. This case [...]

Barbie’s Intellectual Playhouse: Learn about intellectual Property rights with Barbie

Introduction Hi Barbies and Kens! The release of the new Barbie movie has captured the hearts of millions around the world. While we enjoy the charming characters, captivating storyline, and mesmerizing visuals, it’s essential to understand the different forms of intellectual property (IP) protection that ensure the uniqueness and exclusivity of the movie’s elements. In [...]

Sweet Showdown: Cadbury’s Gems vs. James Bond

Introduction The case of Mondelez India Foods Pvt. Ltd. (formerly Cadbury India Limited) vs. Neeraj Food Product, also known as the Cadbury’s Gems vs. James Bond case, was an important decision in the field of intellectual property rights. In this case, the Delhi High Court decided based on the principle of ‘Res Ipsa Loquitur,’ which means ‘the thing talks [...]

A Comprehensive Guide to Crafting a Strong and Legal Brand Identity!

Introduction In the dynamic world of business, a trademark serves as the symbol and essence of a brand, distinguishing it from competitors and creating a lasting impression in the minds of consumers. Choosing a powerful and legally sound trademark is a crucial step for any business venture, and doing so necessitates a balanced blend of [...]

Understanding the concept of acquired distinctiveness in Trademarks.

Introduction Trademarks are the bedrock of brand identity, offering a means for companies to distinguish their products or services from competitors. While the registration of a trademark is typically associated with names, logos, and slogans, there exists a crucial concept within trademark law known as "secondary meaning." This legal principle is fundamental in understanding the [...]

Compulsory Licensing and Public Interest in India

Introduction Compulsory licensing is a crucial mechanism in intellectual property law that plays a pivotal role in promoting public interest and ensuring access to essential technologies. In India, the provisions for compulsory licensing are enshrined in the Patents Act, 1970, and have been at the forefront of various debates, discussions, and legal battles. This article [...]

Ethical Issues in Intellectual Property Rights

Introduction Intellectual Property Rights (IPR), including patents, copyrights, trademarks, and trade secrets, serve as the legal frameworks that protect the intellectual creations and innovations of individuals and organizations. These regulations are designed to provide inventors and creators with exclusive rights to their work, offering both an incentive for innovation and a mechanism for fair compensation. [...]

Your Guide to Choosing the Right Consultants

Are you a business owner in Mumbai looking to protect your brand identity? Trademarks are crucial assets that can distinguish your products or services from competitors and establish trust with customers. However, navigating the intricacies of trademark registration and enforcement can be daunting, especially in a bustling city like Mumbai. In this blog post, we’ll […]

 Patents Act in the Era of Software Innovation

Introduction In a recent groundbreaking verdict, the Delhi High Court has brought into focus a critical issue concerning Section 3(k) of the Patents Act, 1970, in the context of software-related patents. The case in question is Raytheon Company v. Controller General of Patents and Designs (2023:DHC:6673). This case is pivotal in deciphering the eligibility of [...]

Humans of Bombay v. People of India

Introduction In the era of digital media and social storytelling platforms, the copyright dispute between Humans of Bombay (HoB) and People of India (PoI) has emerged as a focal point for discussions on copyright law in India. At the core of the issue is HoB's claim that PoI has essentially copied their storytelling approach. This [...]

Balancing Copyright and Fair Use: A Comprehensive Analysis of Jainemo Pvt. Ltd. v. Rahul Shah & Others

Introduction In today's digital age, where the internet has transformed how we access and share information, the balance between protecting copyrights and the public's right to knowledge is more important than ever. The recent judgment in the case of Jainemo Pvt. Ltd. v. Rahul Shah and others, issued by the Delhi High Court, reignites this [...]

Navigating the Trademark Registration Process in Mumbai: A Step-by-Step Guide

Welcome to our comprehensive guide on trademark registration in Mumbai! If you're a business owner, entrepreneur, or individual looking to protect your brand identity in one of India's bustling commercial hubs, you're in the right place. In this blog post, we'll walk you through the essential steps and considerations involved in the trademark registration process [...]

Trademarking 3-D Shapes in India and Beyond

Introduction In the dynamic world of commerce, businesses are ceaselessly striving to establish a unique and memorable brand identity. Traditionally, trademarks have been associated with words, logos, and slogans. However, a more modern trend has emerged - the trademarking of three-dimensional (3-D) shapes. This article delves into the intricacies of trademarking a 3-D shape in [...]

Decriminalizing Intellectual Property Offenses

Decriminalizing Intellectual Property Offenses:  Jan Vishwas Bill 2023 Intellectual Property Rights (IPR) are the legal safeguards that protect the inventive ideas and innovations that propel the global economy. These rights include patents, copyrights, trademarks, designs, and geographical indicators, and they serve as the foundation of innovation and growth in the economy. However, recent developments have [...]

Analysis of Delhi High Court’s Landmark Ruling on Pre-Grant Claim Amendments in Indian Patent Law.

Introduction A recent decision by the Delhi High Court in the case of Allergan Inc v. The controller of Patents has caused a notable change in how Section 59(1) of the Indian Patents Act, 1970—which deals with amending patent claims before they are granted—is interpreted and used in the dynamic field of Indian patent law. [...]

Unpacking Copyright in Religious Scriptures: Insights from the Delhi High Court’s Landmark Ruling

Introduction In a recent and significant legal ruling, the Delhi High Court has addressed a complex issue related to copyright protection, specifically focusing on adaptations and derivative works based on religious scriptures. The case centered on the Bhaktivedanta Book Trust and its claims of copyright infringement, shedding light on the intersection of copyright law and [...]

Intellectual Property and Startups – The formula for Success

Introduction Startups are the catalysts for innovation and economic progress in today's fast-paced corporate environment. They bring fresh ideas, disrupt traditional industries, and drive technological advancements. However, the success of a startup often depends on more than just a great idea and a talented team. Intellectual Property (IP) plays a crucial role in protecting and [...]

Exploring the Clash Between Prior User and Registered User of Trademarks

Introduction Trademarks play a crucial role in distinguishing one corporation's products and services from those of its competitors. In India, the Trademarks Act, 1999 constitutes the primary legal framework governing trademarks. The concept of "prior use" versus "registered trademark," each of which has its own significance and ramifications, is at the centre of a foundational [...]

Battling Patent Trolls in India

Introduction In the fast-paced world of innovation and technology, patents serve as the guardians of creativity and ingenuity. They protect the ideas and inventions that shape our future. However, lurking within this realm of intellectual property are entities that operate differently, known as patent trolls or non-practicing entities (NPEs). These peculiar entities acquire patents not [...]

Intellectual Property and Startups – The formula for Success

Introduction Startups are the catalysts for innovation and economic progress in today's fast-paced corporate environment. They bring fresh ideas, disrupt traditional industries, and drive technological advancements. However, the success of a startup often depends on more than just a great idea and a talented team. Intellectual Property (IP) plays a crucial role in protecting and [...]

INDIA DIGITAL PERSONAL DATA PROTECTION ACT AND ITS IMPACT ON BUSINESSES OF THE COMPANY

Introduction India's journey towards robust data protection and privacy regulation reached a significant milestone with the enactment of the Digital Personal Data Protection Act 2023 (DPDP). This transformative legislation, approved by the President and published on August 11, 2023, marks a crucial moment in India's digital evolution. The DPDP Act is designed to safeguard digital [...]

Understanding Patent Docketing in India

Introduction In today's rapidly evolving global landscape, the role of intellectual property rights cannot be overstated. In India, a country recognized for its vibrant tech industry and burgeoning innovation hubs, patents stand as the cornerstone of protecting inventors' rights and fostering technological growth. This article will delve deeper into the intricacies of patent docketing in [...]

Patent or Copyright? What’s Preferable for Software in India

Introduction In the digital age, software has become the lifeblood of innovation, powering countless applications and services. Protecting the intellectual property (IP) of software developers and companies is crucial. Two primary options for safeguarding software creations are copyright and patent protection. In the context of India, the choice between these two mechanisms holds significant implications. [...]

The Protection Enigma of Movie Titles in India

Introduction In the enchanting universe of cinema, the title is like the first hint of what the story might be. A well-crafted title possesses the unique ability to captivate audiences, leaving them intrigued and eager to delve into the world the film promises. It's a cinematic overture that can make or break a movie's success. [...]

Well-Known Trademarks: A precious legal Status

Introduction Trademarks are an integral aspect of the intellectual property landscape and hold immense significance for businesses globally. They serve as the embodiment of brand identity and goodwill within the market. Among the various categories of trademarks, the distinction of a "well-known mark" carries a unique prominence. A well-known mark, as its name implies, signifies [...]

Trademark Opposition in India

Introduction Registration of a trademark is essential for preserving the distinctiveness and exclusivity of a brand in the marketplace. However, obtaining a registered trademark is not always effortless. In India, there is a crucial stage known as "Trademark Opposition," during which interested parties can express their concerns and objections against the registration of a trademark. [...]

Idea and Expression Dichotomy of Copyrights in India: A Comprehensive Analysis

Introduction Copyright law is an essential pillar of intellectual property protection worldwide, and it plays a crucial role in fostering creativity and innovation. One of the fundamental principles of copyright law is the distinction between ideas and expressions. This principle distinguishes between protecting the expression of ideas and the ideas themselves, establishing a delicate balance [...]

Software Patents: A Comparative Analysis of the Indian and US Patent Law

Introduction Over the course of the last few decades, the global software industry has experienced growth on an unprecedented scale, which has fundamentally altered the ways in which we work, communicate, and live. The current state of the law in regard to software patents is a topic of significant importance due to the fact that [...]

Equitable Access and Creative Rights: Doctrine of Fair Use

Introduction In the digital age, where information flows freely and creative works are easily accessible, copyright law plays a pivotal role in protecting the rights of creators and fostering a balance between innovation and public access. The Indian Copyright Act of 1957 stands as a robust framework for safeguarding these rights. Under Section 52 of [...]

Opening Doors: India’s New Regulations for Foreign Lawyers and Law Firms

Introduction The Bar Council of India (BCI) has embarked on a significant legal reform by introducing the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. This historic decision illustrates India's growing engagement with the international legal community and its efforts to create a more [...]

Understanding the Law of Passing Off in Trademarks

Introduction Protecting one's intellectual property becomes crucial in the business world, where identities and reputations hold immense value. Passing off law is among the most effective legal mechanisms available to protect trademarks and prevent unethical competition. The legal doctrine of passing off protects against misrepresentation and the exploitation of another's goodwill. This article examines the [...]

INTERNATIONAL IP NEWS ROUND UP – NOVEMBER 2023

1. Nike Takes Legal Action Against New Balance and Skechers for Alleged Patent Infringement on Flyknit Technology Nike has initiated legal proceedings against New Balance and Skechers, alleging patent infringement related to its Flyknit technology. The lawsuits claim that New Balance's products, including the Fresh Foam and FuelCell lines, and Skechers' Ultra Flex and Glide [...]

NATIONAL IP NEWS – NOVEMBER 2023

1. Supreme Court Issues Warning to Patanjali Ayurveda Over Misleading Medical Claims In a significant move, the Supreme Court has warned Patanjali Ayurved against disseminating false and misleading claims about the curative properties of its medicines. This directive comes in response to a plea by the Indian Medical Association (IMA), accusing Patanjali's founder, Ramdev, of [...]

5 Steps for Guaranteed Trademark Registration

Your trademark is the identity of your brand. So, choose your brand name wisely if you want to create value for your business.  Five things you should remember while choosing the brand name and filing a trade mark. Legal Requirements:  A selected mark; 1. Should be capable of being represented in paper format: Any person [...]

Understanding Joint Authorship in Copyright Law

Introduction The realm of copyright law often grapples with complex questions surrounding authorship and ownership, particularly when creative works emerge from collaborative efforts. The case of Najma Heptulla v. Orient Longman Ltd. (AIR 1989 Del 6) is a pivotal legal milestone that intricately explores the concept of joint authorship. This landmark case revolves around the [...]

The influence of the Biological Diversity Act on Patents in India

Introduction Biodiversity is fundamental to the ecological balance of our planet, and its protection and sustainable use have assumed utmost importance in the face of global environmental challenges. In India, the National Biodiversity Authority (NBA) performs a crucial role in protecting the nation's biological resources and ensuring equitable use of them. The biological diversity act [...]

Importance of Thoughtful Trade Description in Trademark Registration

This article delves deeper into the concept of trade description in the context of trademark filing in India, shedding light on its critical importance, and providing practical guidance on how to navigate this critical aspect of the application process successfully. Introduction In the world of intellectual property, trademarks are one of the most important ways [...]

Tesla’s Patent Strategy The Ideological Shift

Introduction Elon Musk's Tesla Inc. has been a prominent character in the tech and automotive industries, revolutionising electric vehicles and renewable energy solutions under his leadership. Tesla's innovative intellectual property (IP) strategy has been crucial to its success. Elon Musk has historically been outspoken in his criticism of traditional patents, advocating open-source innovation and characterising [...]

How Trademarks Add Value to Your Business

Introduction In the hustle and bustle of setting up a business, from crafting business plans to perfecting products or services, trademarks might not always be the first thing on an entrepreneur's mind. However, trademarks, the symbols or names that represent your brand, can be among your company's most valuable assets. Here's why: 1. Brand Recognition: [...]

The Role of AI in Trademark Searches and Monitoring

In today's rapidly evolving technological landscape, Artificial Intelligence (AI) is reshaping numerous industries, ushering in innovations that were previously thought to be the stuff of science fiction. One such domain experiencing this transformative shift is the world of trademarks. Trademarks, which have long been the cornerstone of brand protection, are now intersecting with AI technologies [...]

Nokia v.  Oppo – and the FRAND Licensing Puzzle

Discover How Nokia v. Oppo Redefined FRAND Licensing in India Introduction The case of Nokia v Oppo, adjudicated in the Delhi High Court, stands as a significant milestone in the realm of Standard Essential Patents (SEPs) and Fair, Reasonable, and Non-Discriminatory (FRAND) licensing. This comprehensive case study delves into the intricacies of the dispute, analysing [...]

Standard Essential Patents (SEPs): Fostering Innovation and Interoperability

Introduction In a world where technology is changing quickly, devices and goods that work well together have become an important part of our daily lives. The idea of technical norms and the patents that back them up are what make this integration so smooth. Standard Essential Patents, or SEPs, are very important in shaping the [...]

Shield Your Brand: Trademark Infringement in India

Delving into the intricate world of trademark infringement, this comprehensive guide provides valuable insights into the types of infringement, available remedies, and defenses. Introduction Trademarks are valuable assets that distinguish products and services from competitors in the market. The unauthorized use of a trademark, known as trademark infringement, can cause significant harm to the brand [...]

Veiled Gold: Safeguarding Trade Secrets

Unlock the secrets to safeguarding valuable intellectual assets! Discover how trade secrets are becoming a potent form of IP protection in India's competitive landscape. Must-read for entrepreneurs, innovators, and business leaders aiming to stay ahead in the game. Introduction  Intellectual property (IP) is becoming increasingly important in the fast-paced world of global business. While patents, [...]

An Insight into Patent Licensing in India

Introduction Intellectual property protection is essential for fostering innovation and economic growth. Patents, for example, provide inventors exclusive rights to their ideas, incentivizing them to reveal and commercialise them. Licensing agreements are one option for innovators to commercialise their inventions. This article delves into the notion of patent licensing and the various kinds of patent [...]

How to Choose a Patent Service Provider in Mumbai

In today's fast-paced world, intellectual property plays a vital role in safeguarding innovations and inventions. Whether you're an individual inventor or a business owner, protecting your intellectual property through patents is essential. However, choosing the right patent service provider in Mumbai can be a daunting task. With numerous options available, it's crucial to make an [...]

Intellectual Property Rights (IPR) owned by Indian Space Research Organization (ISRO)

The Indian Space Research Organization (ISRO) stands as a testimony to India's prowess in space science and technology. Established in 1969, ISRO's mission has been to advance space technology and use its applications for various national tasks. Origins and Evolution: ISRO's roots trace back to 1962 when pioneering space activities were initiated under Dr. Vikram [...]

patent-trends-in-electric-vehicle-industry

 Executive Summary One of the fundamental requirement in today’s world is transport. Petrol and diesel engines fulfil the requirement but with the cost of pollution and other hazards. Now the traditional combustion engines are becoming outdated with the replacement of fully electric vehicles. Fully electric vehicles (EVs) have zero emission which is better for the [...]

Novartis v. Union of India: A Landmark Judgment in Indian Patent Law

Introduction: The Novartis v. Union of India case is a landmark judgment in Indian patent law that has had a profound impact on the interpretation and application of patentability criteria in the country. This legal battle centers around Novartis' patent application for the cancer drug Glivec (Imatinib Mesylate) claiming that it was more effective in [...]

Bilski v. Kappos: A comprehensive Analysis

Introduction In a landmark case that has far-reaching implications for patent law, the United States Supreme Court recently issued a significant ruling on the test for patent eligibility under Section 101 of the Patent Act. Section 101 of the U.S. Patent Act is a fundamental provision that defines the scope of patent eligibility. It establishes [...]

Unconventional Trademarks in India: Need for progress?

Introduction Trademarks play a vital role in distinguishing products or services in the marketplace, and they are typically associated with logos, brand names, or slogans. However, as businesses continue to innovate and seek unique ways to distinguish themselves, the concept of unconventional trademarks has gained prominence. Unconventional trademarks go beyond the traditional elements and encompass [...]

TVS Motor Company Limited vs. Bajaj Auto Limited

Introduction: The TVS Motor Company Limited vs. Bajaj Auto Limited case is a landmark judgment in the field of patent law in India. The case, decided by the Supreme Court in 2009, involved allegations of patent infringement and raised important considerations regarding inventive steps in patents. This article explores the key aspects of the case, [...]

The Importance of IP Valuation for Startups and Businesses of All Sizes

  Introduction Intellectual property (IP) has emerged as a valuable asset that can make or break a company in today's swiftly changing business environment. Whether you're a startup seeking to make a name for yourself or an established company seeking to maintain your competitive edge, grasping the significance of intellectual property valuation is essential. This [...]

The Overlap of Trademarks, Copyrights and Designs

Introduction Protecting one's intellectual property (IP) is essential for both individuals and organisations in today's fast-paced, creative, and innovative environment. The law governing intellectual property comprises several different types of protection, including copyright, designs, and trademarks. Although each of these three categories of intellectual property protection is used for a unique purpose, there are situations [...]

A Step-by-Step Guide to Filing a Patent in India

Introduction Filing a patent application is an essential step for protecting your innovative concepts and intellectual property. The filing of a patent in India entails multiple phases, each with its own significance. This comprehensive guide will take you through the steps of filing a patent in India and explain the three criteria for patentability: novelty, [...]

Trademark Filing and Registration in India

In the vibrant and ever-evolving world of business, protecting your brand is crucial. Your brand is more than just a name or logo; it represents your identity, reputation, and the essence of what sets you apart from the competition. Trademark filing and registration in India provide a robust legal framework that empowers businesses to safeguard [...]

Design Protection and Registration in India: Safeguarding Aesthetics

Introduction: In today's competitive business environment, the success of a product or brand is frequently determined by its distinctive design. A compelling design not only draws buyers' attention but also separates a product from its competition. Many companies and individuals in India choose design registration under the Designs Act, 2000 to safeguard their designs from [...]

Copyrights: What can and can’t be protected?

In today's digital age, where creative works are easily accessible and shareable, it becomes crucial to understand the concept of copyright and its role in protecting intellectual property. In India, the Indian Copyright Act of 1957 provides the legal framework for copyright protection. This article aims to shed light on what copyright is, the scope [...]

Exploring the Rights Granted to Copyright Owners

Introduction: Copyright is an important part of intellectual property rights since it offers creators exclusive rights, guaranteeing that their unique creations are protected from unauthorised use. The Copyright Act, 1957, governs copyright law in India and provides a framework to protect creators' rights. This article investigates the numerous rights granted to copyright holders in India, [...]

Trademark Objection Reply in India

Responding to Trademark Objections in India Trademark examination is a crucial step in the trademark registration process in India. After filing an application, the Registrar examines the mark to determine its registrability. If any objections are raised during this examination, a trademark objection report is issued by the Registrar. In order to proceed with the [...]

Trademark Protection in India

Introduction A trademark is a distinctive sign or indicator used by an individual or an organization to identify their goods or services from those of others. Trademarks can be words, phrases, symbols, designs, or a combination of these elements. Trademarks are indispensable for establishing brand identity and are crucial for entities. In India, as well [...]

Trademark Application Filing in India

Trademark application filing in India follows the statutory provisions and rules outlined in the Trademark Act of 1999 and Trademark Rules of 2017. To initiate the process, one must submit a trademark application in the prescribed format and pay the requisite fees to the Trademark Registry. Although trademark registration is not compulsory in India, it [...]

Exploring Boundaries of Patents in India:  What can’t be patented?

The Patent Act, 1970 lays out legal framework that is intended to protect and encourage creativity and invention in India. Section 3 of the Act defines the parameters for what cannot be regarded a patentable invention. It outlines numerous categories of subject matter that are not eligible for patentability, ensuring that patents are only given [...]

The Spectrum of Distinctiveness of Trademarks

Introduction Along with the protection against counterfeiting or the unauthorized use of trademarks by non-proprietors, another purpose of the trademark law is to save the consumers from the likelihood of confusion that might divert them from making an informed decision while purchasing any product or availing any service. This is the reason why all trademarks [...]

 Unleashing the power of Trademarks

A trademark is a distinctive sign, symbol, logo, design, word, or combination thereof that identifies and distinguishes the goods or services of one business from those of others. It serves as a valuable asset for businesses, providing them with exclusive rights and protection in the marketplace. Here's a closer look at the importance and significance [...]

Exploring the Boundaries of Patenting in India: What can be Patented?

Introduction Obtaining a patent is one of the most important steps in the process of safeguarding inventions and encouraging innovative activity. However, not every invention is eligible for a patent because it requires meeting certain conditions. A number of criteria need to be met before a patent can be issued for an invention, the most [...]

AI Ownership of Patents: Why do some nations embrace it while others refuse?

Introduction A study conducted in 2019 by the World Intellectual Property Organization (WIPO) found that the number of patents connected to artificial intelligence (AI) has significantly increased in a variety of areas, including telecommunications, transportation, and life sciences. This highlights the increasing influence that AI is having on driving innovation and technical breakthroughs all across [...]

ANALYZING TRADEARK BATTLE OVER STRIPES

Introduction Trademark law recently witnessed an intriguing issue involving sportswear giant Adidas and renowned designer Thom Browne. The case centered on the usage of stripes, with Adidas claiming that Browne's Four-Stripe design infringed on its Three-Striped Mark. The Manhattan Federal Court found in favour of Browne in a landmark case, causing major debate in the [...]

Patent Ownership: Employer V. Employee – Who holds the key?

The Issue It is widely acknowledged that large corporations spend a lot of resources on research and development to produce new, patent-worthy products and technologies. These corporations hire individuals to work on this research and development. These corporations in this case are the Employers. The point of contention here is who will be the owner of these patents, the [...]

Shape Mark in India

Introduction: Other than logo or label, the product can also be distinguished based on the shape of the that product. In India, it is possible to obtain trademark protection for the shape of a product, known as a "shape mark." The Indian Trademarks Act, 1999, provides protection for the shape marks as trademarks, subject to [...]

WHOPPER BATTLE: BURGER KING V. BURGER KING FAMILY RESTAURANT

This case study analyses the recent trademark infringement judgement delivered by a single judge bench of the Delhi High Court in the case of Burger King Co. LLC v. Virendra Kumar Gupta. (2023 SCC Online Del 2292, Burger King Co. LLC v. Virendra Kumar Gupta) Introduction Trademarks are considered to be a highly valuable intellectual [...]

Unlocking Power of Ideas: A beginner’s guide to Intellectual Property Laws 101

Still unsure which intellectual property (IP) will safeguard your song or prevent others from stealing off your brand name? The objectives and conditions for various forms of IP protection are outlined in this article. Copyrights: Relevant Enactment – Indian Copyrights Act, 1957 Copyright is the branch of intellectual property that protects literary and artistic works. [...]

History of Touch-Screen

Infographic Representation of the History of Touch-Screen 1. Invented in 1965 - Eric Arthur "Doc" Johnson published the first paper on the invention of touchscreen 2. Patented granted in 1969 - Patent No: US 3482241, Title: Touch Display, Inventor: JOHNSON ERIC ARTHUR 3. First used in 1973 - In March 1972, after a few days, [...]

Lack of leadership and its impact on R&D & Growth of your Organization

Lack of leadership and its impact on R&D. The lack of leadership can have a significant impact on R&D, as it can lead to a lack of direction and clarity, difficulty in making decisions, a lack of resources, and a lack of motivation among team members. Without effective leadership, R&D teams may struggle to set [...]

Artificial Intelligence and Patenting in India

Artificial intelligence (AI) is a rapidly growing field, and India has seen a significant increase in AI patenting activity in recent years. The number of AI patents filed in India has been steadily increasing, and the country is emerging as a hub for AI research and development. In India, the major companies that are actively [...]

Everything about Patenting in Biotechnology

You can read the Essentials, Development, Considerations, and Landmark Cases. Essentials Steps for Filing Patent Application for Biotech Invention: Step 1: Defining the Composition of Process. Step 2: Identifying Difference Between Traditional Knowledge and your Invention. Step 3: Establishing Efficacy of the composition or process. Step 4: Conduct Patentability Search. Step 5: Apply for NBA [...]

Patent Insights On Maximizing Profit And Minimizing Risk

PATENT INSIGHTS ON MAXIMIZING PROFIT AND MINIMIZING RISK The Seminar will be addressed by Mr. Suneet Sabale- CEO & Founder- Brainiac IP Solutions, Visiting Faculty @ Pune University and RGNIIPM Nagpur.

Discover: How to Invent, Patent & Monitize by using effective Patenting Strategy & without extensive R&D

Discover: How to Invent, Patent & Monitize by using effective Patenting Strategy & without extensive R&D Work with me for the next 2 Days, kickstart your Patenting journey and get your first step ready for applying for a patent during the workshop itself. Grow your Business with Patent - PatBiz System - Level 0 Starts [...]

Why Small & Medium Scale Companies Don’t have Negotiating Power. Must read article.

Why Small & Medium Scale Companies Don't have Negotiating Power. Must read article. Multinational companies like Intel, Qualcomm, and Fiat have primarily grown on the shoulders of their scientific and technological innovations. Intel, for example, worldwide holds 70,000 patents. Qualcomm has 140,000 granted and pending patents across 100 countries. Technological innovation at an organizational level [...]

Section 3 of Indian Patent Act – INVENTIONS NOT PATENTABLE in INDIA

Section 3 of Indian Patent Act - INVENTIONS NOT PATENTABLE in INDIA THE PATENTS ACT, 1970 CHAPTER II INVENTIONS NOT PATENTABLE Section 3 What are not inventions The following are not inventions within the meaning of this Act,— (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws; [...]

Ex-Apple Employee Admits to Trade Secrets Theft

Ex-Apple Employee Admits to Trade Secrets Theft In August 2022, a former Apple Inc employee pleaded guilty to trade secret theft. The employee pleaded guilty to criminal charges that he stole proprietary information from the company while preparing to go work for a Chinese startup company that makes electric cars with autonomous driving features. The [...]

Why Patent Infringement Search is Important?

Why Patent Infringement Search is Important? Performing a patent infringement search can prevent applicants and inventors from wasting valuable resources pursuing a product or design that someone else has already patented. Searching existing granted patents and applications provides lots of information, but the process can be difficult for individuals who aren't familiar with the system. A patent professional can [...]

WHAT IS PCT APPLICATION (International Patent Application)?

WHAT IS PCT APPLICATION (International Patent Application)? The Patent Cooperation Treaty, or PCT, is a multilateral treaty that comes under the World Intellectual Property Organization (WIPO). The PCT was formally arranged in Washington in 1970 and entered into force in 1978. The PCT is an international treaty with more than 145 contracting states (presently 156 [...]

Types of Patent Application in USA

Under U.S. Code Title 35, the U.S. Patent and Trademark Office (USPTO) issues three different types of patents: utility patent, design patent, and plant patent. In order to be patentable, an invention must be novel, nonobvious, and useful. Each type of patent has its own eligibility requirements to be a patentable subject matter. However, it's [...]

Ever-greening of Patents or its Fencing

There are a lot of misunderstandings about the ever-greening of the patents. Few think it's possible to get protection for the same invention repetitively after 20 years, and as a professional, I have an opinion that it's not possible. Let's try to understand how the ever-greening of patents can be done, how it can be [...]

Patent Infringement Suit in India

Patent Infringement Suit in India What is the limitation period for the Patent Infringement suit in India? The Indian Limitation Act governs the period of limitation for bringing a suit for infringing a patent, which is three years from the date of infringement. Therefore, it is essential to note that the limitation period for the [...]

KERALA OR KARNATAKA, WHO OWNS THE MARK KSRTC?

KERALA OR KARNATAKA, WHO OWNS THE MARK KSRTC? After a seven-year legal battle over the legal custody of the acronym ‘KSRTC’, Kerala Claimed that it had won the battle for the exclusive use of KSRTC, which has been in use by both the State Transport Service since the 60s and 70s. Kerala State Road Transport [...]

Patent Infringement in India

Patent Infringement in India Section related to Patent infringement in India In India, patent infringement concerning a patented invention without prior permission from the patent holder is a prohibited act. A patent holder can grant permission, if required, in the form of a license. A patent infringement, usually for the usage or sale of the [...]

Madrid System – International Trademark Filing System

Madrid System – International Trademark Filing System The Madrid system, also called Madrid Protocol, is officially known as the Madrid System for the international registration of marks. It is a simple and cost-effective way to register and manage trademarks worldwide. In most countries, you can apply for protection with just one application and one set of costs. [...]

Patent Licensing

Patent Licensing An exclusive right granted for an invention, which is either a product or a process, and offers a new way of doing work or provides a new technical solution to an existing problem, is called a patent. Introducing a new product or invention to the market is not an easy job. It is a [...]

HOW TO FILE A PATENT APPLICATION IN INDIA?

HOW TO FILE A PATENT APPLICATION IN INDIA? Innovation, invention, and intellectual wealth are the driving forces behind a nation’s economic development. A patent is an exclusive right given by the government to the claimant of an invention for a limited time, generally 20 years from the date of filing, given the entire disclosure of [...]

Patent Infringement and It’s Types

Patent Infringement and It's Types   What is Patent Infringement? Patent Infringement is nothing but a violation of a Patent owner’s right by a third person. A patent is an exclusive right granted to an inventor or an applicant. It allows an inventor or patent owner to manufacture, sell, offer, distribute, mortgage the invention, etc. [...]

80% Reduction In Patent Fees For Educational Institutions

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TRADE SECRET- Everything You Need to Know About

Generally, there are four types of intellectual property rights such as Patent, Trademark, Copyright and Trade secret where trade secret is most well-known types of intellectual property rights among four. What is Trade secrets? A trade secret can be any information that is valuable to a company, not generally known, and not readily ascertainable through [...]

Dr. V R Kanetkar Inventor and Great Human Being – We will Miss you Sir

Dr. V R Kanetkar Inventor and Great Human Being – We will Miss you Sir Dr. Kanetkar is recognised as a pioneering figure by many for being one of the most authoritative voices in the domains of power quality and power electronics in India. His greatest strength was his single-minded focus on solving the customers’ [...]

The Patents (Amendment) Rules, 2019 – Benefits for Female Applicant’s, Institutes, MSME’s and Govt. Companies

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Elon Musk and his Electric Car

Elon Musk and his Electric Car Tesla is an electric car name of the great scientist Nikolas Tesla. Basically, Tesla Motors was manufacturing AC induction motors, in which Elon Musk invested and took over and continued to use the Name Tesla for his electric cars as well, which was decided by the Founders of Tesla [...]

Importance of Trademark Watch

Importance of Trademark Watch   We see trademarks as unique creations for your brand and a customized watch parameter can prevent the misuse of your trademark! Trademark is an important IP asset that adds considerable value to your business. A trademark can command tremendous reputation and goodwill. Therefore, it is important we diligently protect our [...]

Recent Trends in Handling Patent Related Issues – Protect Your Business

Recent Trends in Handling Patent Related Issues - Protect Your Business   As we all know, IPR in totality is negative right and it’s supposed to be used fairly for building brand and credibility of the business. We expect businesses to operate ethically. Due to various reasons, there is a delay in getting Patent Grant, [...]

Don’t Waste your Patent Applications

Don’t Waste your Patent Applications Patent applications are generally drafted to protect an invention, but still many times it happens that due to the unnecessary inclusion of contents, the patent application will be wasted and will remain a Paper Patent. Which means that the patent document will no longer be used effectively for preventing competition to your [...]

Patent Portfolio – Use and Advantage for Universities & Colleges

Patent Portfolio - Use and Advantage for Universities & Colleges   By Vidyasagar Khandala Most of Indian Universities are refraining from investing and spending on activities for developing Intellectual property portfolio, such as for R&D, patent filing for the innovative R&D, patent prosecution and the like. Some universities are filing patents only for the sake [...]

Patent Grant in One Year for Non-Startup’s. It’s possible?

Patent Grant in One Year for Non-Startup's. It's possible? Yes, its very much possible. There are two ways to getting your patent application examined in 6 months according to the new Rules published by the Indian Patent Office: 1. If you are a startup – with Start-up Registration Certificate you can file Form-18A with the [...]

Foreign Companies having a higher edge over Indian MNC’s for Patents

Foreign Companies having a higher edge over Indian MNC’s for Patents Patent filing in India has substantially increased after 2005, which is when TRIPS (GATT) requirements were implemented and incorporated in Indian Patent ACT. The TRIPS agreement was signed in the year 1994. Before 2005, the Indian Patent was not equipped with advanced searching data [...]

What is a Patent, a Document or a Technology?

What is a Patent, a Document or a Technology? Just to start with, patent drafting can cost you from INR 40,000/- to INR 1,50,000/- in India, USD 4,000/- to USD 10,000/- in Europe, USA, Canada, and most of the developed countries outside. Drafting and prosecution cost is much high than the government fees, WHY? Can [...]

Selling or Licensing a Patent (Invention)

Selling or Licensing a Patent (Invention) This is a long discussed issue. Many of my clients and friends have asked me about how to License or sell a patent to get bigger monitory gains. Everyone finds it little difficult to start manufacturing or assembling the product on their own and then selling it. As we [...]

Quick Summary of Patent (Amendment) Rules, 2016

Quick Summary of Patent (Amendment) Rules, 2016 Amended patent rules were published on 16th May 2016 and are effective therefrom. A quick gist of new rules is as follows: Rule 13(7) The abstract shall contain a concise summary of the matter contained in the specification and the summary shall indicate clearly the technical field to which [...]

Patent Searches & Timeline, Costing and Liability

Patent Searches & Timeline, Costing and Liability Recently one of my client asked me a very good question "if you do infringement analysis, you should bare all the expenses and loses that may occur in case there is any litigation/infringement in future". The question was correct and the expectation as well. But, the law firms [...]

Understanding Patent-ability (Inventive Step)

Understanding Patent-ability (Inventive Step) We have discussed “NOVELTY” in detail in the earlier post. Now we will understand inventive step, which is second most important criteria for getting your patent application granted. Always, patent applications are validate for novelty first. If the examiner cites citation(s), which can destroy novelty, then no further search and analysis [...]

Expediting Patent Grant ? A long Pending issue

Expediting Patent Grant ? A long Pending issue Since the Indian Patent act was amended in the year 2005 to comply with international law and for making international filing easy, the number of patent filed in India started rising gradually. As on date around 50-60 thousand patents are filed collectively in all four office in [...]

Understanding Patent-ability (Novelty)

Understanding Patent-ability (Novelty)   After a seven-year legal battle over the legal custody of the acronym ‘KSRTC’, Kerala Claimed that it had won the battle for the exclusive use of KSRTC, which has been in use by both the State Transport Service since the 60s and 70s. Kerala State Road Transport Corporation (previously known as [...]

How to Maximise Income from Patents