User: whoisoncaveat Topic: Trademarks
Category: Trademarks
1 new since Aug 10 2020 23:33 IST RSS 2.0
 
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Ceritinib’s Post-Grant Revocation Stayed: Unraveling the IPAB Order 10.8.2020 SpicyIP
The IPAB has recently stayed the revocation of Novartis’ patent over the anti-cancer drug Ceritinib. An examination of the revocation order reveals an unfortunate oversight in examining issues relating to genus-and-species patents, as well as several procedural lapses. IPAB’s stay order brings to light important doctrinal questions that the revocation left unanswered. This post attempts to deconstruct the maze of confusing orders surrounding the Ceritinib patent revocation. Background Ceritinib is a prescription drug used for treatment of non-small lung cancer,...
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The Dilemma of Graphical User Interfaces: A Need to Rethink Design Protection? 10.8.2020 SpicyIP
In the previous post I had covered a specific element of the issues touched upon by the similarities in the interface of JioMeet and Zoom, that of possibility of a non-literal copying. While Zoom’s Graphical User Interface (‘GUI’) is not a registered design, the incident also rekindles the debate on the Indian position on GUI protection under its design laws. In this post, I seek to analyse the Designs Act, 2000, to argue that GUIs should be protected under the...
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Breaking News: Controller General’s office agrees with our petition for scrapping the Intellectual Property Appellate Board 10.8.2020 SpicyIP
A few months ago, in May, I had sent a petition to the Ministry of Commerce, along with Rahul Bajaj, asking it to consider shutting down the Intellectual Property Appellate Board (IPAB). We had argued that not only was the IPAB non-functional for a long time but it was also poorly designed, especially with regard to the post of the ‘technical member’. Rather than continuing with this broken model, we recommended that the existing functions of the IPAB be shifted...
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SpicyIP Weekly Review (August 3 – 9) 10.8.2020 SpicyIP
Topical Highlight Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet In this post, Arun examines the Madras High Court’s recent order injuncting Patanjali from using the trademark ‘Coronil’ and appreciates its lucid interpretation of Section 29(4) of the Trade Marks Act. The plaintiff argued that defendant’s use of the mark would dilute its reputation due to the perceived inefficacy of the product and the accompanying negative press. The Court held that...
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649 patent grants, 1593 examination reports issued this week 9.8.2020 Intellepedia – IP News Center – BananaIP Counsels

This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs published by the patent office on the 7th of August 2020. 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 975 patent applications have been published in the 32nd issue of the Patent Journal, 2020. Out of the 975 applications published in the journal, 155 applications account for early publications while 820 applications account for ordinary publications or publications occurring after the 18 – month...

The post 649 patent grants, 1593 examination reports issued this week appeared first on BananaIP Counsels.

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Shenzen Tencent v. Shanghai Yinxun: AI Authors, Copyright and Some (Hard) Lessons for India 8.8.2020 SpicyIP
We’re pleased to bring to you a guest post by Bhavik Shukla and Hatim Hussain, discussing authorship in AI-related works under the Indian copyright law, with specific reference to the judgment in Shenzen Tencent v. Shanghai Yinxun Shenzen passed by a Chinese court in December last year. Bhavik is a recent graduate from NLIU, Bhopal and is currently working with the IP team at Khaitan & Co. Bhavik’s previous posts on the blog can be viewed here, here, here, here, here and here. Hatim is a...
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India: Ever-Greening Of Patents: An Introductory Brief - Singh & Associates 7.8.2020 Mondaq.Com - feed of articles on Intellectual Property from India
Ever-greening of patent, as the name suggests, is a corporate, legal, business, and technological strategy for extending / elongating the term of a granted patent in a jurisdiction that is about to expire, ...
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India: Appointing Scientific Advisors In Patent Disputes - Obhan & Associates 7.8.2020 Mondaq.Com - feed of articles on Intellectual Property from India
Patent disputes that involve complex technologies cannot usually be resolved by judges alone.
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Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA) Vol. 1 Issue 1 (Submit by Oct 25) 7.8.2020 SpicyIP
We’re happy to inform you that CNLU’s Centre for Innovation Research and Facilitation (CIRF) in Intellectual Property for Humanity and Development (IPHD) is inviting papers for publication in Volume 1 Issue 1 of its e-journal Journal of Academic Innovation & Research in Intellectual Property Assets (JAIRIPA). The deadline for submission is October 25, 2020.  For further details, please see the announcement below:     Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA)...
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Fluid Trademarks: An Alter Ego for Brands? 7.8.2020 SpicyIP
We’re pleased to bring to you a guest post by Devangini Rai discussing the application of Indian trademark law to fluid trademarks, which are popularly being used in the context of the ongoing Covid-19 pandemic. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Her previous guest post on the blog can be viewed here. Fluid Trademarks: An Alter Ego for Brands? Devangini Rai As has typically been...
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India: Diligence & Proactiveness - Important Factors For Grant Of Injunction - LexOrbis 7.8.2020 Mondaq.Com - feed of articles on Intellectual Property from India
The Delhi High Court recently decided an interim injunction application in a civil suit between Ajanta Pharma Ltd.
A Whooping 8271 Trademark Registrations Granted this Week 6.8.2020 Intellepedia – IP News Center – BananaIP Counsels

A Whooping 8271 trademark registrations granted this week, Decrease of 44% in total number of applications disposed through show cause hearings. Total of 1048 renewal notices issued by the Trademark Office this week. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS There has been a decrease of forty four percent (44) % in the total number of applications disposed through show cause hearings. Similarly, there has been a decrease of twenty nine percent (29%) in the total applications published in the trademark journal by trademark office. However, we...

The post A Whooping 8271 Trademark Registrations Granted this Week appeared first on BananaIP Counsels.

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Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ 6.8.2020 SpicyIP
The Hon’ble Madras High Court has passed a detailed order on merits injuncting Patanjali from using the trademark ‘Coronil’. The order I daresay is one of the most elaborate and lucid orders in recent times from the High Court touching on the interpretation of the Trade Marks Act, especially Section 29(4). The breadth of resources relied upon, several of which appear to be the Judge’s own efforts definitely makes this judgment worthy of a patient read.  This remarkable judgment is...
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India: Ergo Competition/Antitrust Newsletter - August 2020 - Khaitan & Co 6.8.2020 Mondaq.Com - feed of articles on Anti-trust/Competition Law from India
CCI holds existence of rights in subject matter a condition precedent to initiate abuse of dominance investigation
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Budweiser’s Trademark Infringement and Disparagement Claim: Nipping Satire in the Bud? 6.8.2020 SpicyIP
Budweiser recently filed a suit before the Delhi High Court against the defendants on grounds such as infringement of its trademark, unfair competition and commercial disparagement, and dilution and tarnishment of its goodwill and reputation. In an ex parte proceeding, the court held in Budweiser’s favour finding a prima facie ‘infringement of plaintiff’s registered mark ‘Budweiser’ and also amounting to commercial disparagement of the plaintiff’s products’. In this piece, I dissect this interim order and argue that it is completely...
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Does Copyright Law Protect Presentation of Gastronomic Creations? 6.8.2020 SpicyIP
We’re pleased to bring to you a guest post by Aatmik Jain, examining how Indian copyright law can protect presentations of gastronomic creations. Aatmik is a 2nd year student at the West Bengal National University of Juridical Sciences (NUJS), Kolkata. Does Copyright Law Protect Presentation of Gastronomic Creations? Aatmik Jain Introduction As the saying goes in the culinary world, food is first savoured with the eyes, then with the nose, and only lastly, with the mouth. Today, chefs are putting...
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Delhi HC Becomes the Go to Venue for Adjudicating SEP Disputes in India 5.8.2020 SpicyIP
We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also a founder member of the Fair Standards Alliance, a not-for-profit body that advocates fairness in patent licensing. The views expressed in the...
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Patent infringement suit against TikTok, Qualcomm and Huawei sign patent licensing agreement and other news 4.8.2020 Intellepedia – IP News Center – BananaIP Counsels
In this week’s Patent News – IPO to re-open acceptance of requests under PPH Pilot Project; Telangana Government proposes establishment of taskforce to promote enforcement of IPR; Triller files patent infringement lawsuit against ByteDance and its subsidiary TikTok; Qualcomm and Huawei sign patent licensing agreement and other news updates. INDIA PATENT NEWS UPDATES IPO to re-open acceptance of requests under Patent Prosecution Highway (PPH) Pilot Project According to the latest public notice issued on 27th July 2020, the Indian Patent Office (IPO) will re-open the line of accepting requests under the Patent Prosecution Highway (PPH) Pilot Program from 10th ...
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India: New Startup. New Ideas. New IP. - Obhan & Associates 4.8.2020 Mondaq.Com - feed of articles on Intellectual Property from India
Change is synonymous with Startups. Startup teams are constantly innovating, exchanging new ideas, conducting new experiments, and learning new lessons along the way.
Ritter Sport Wins Trademark for Square Chocolates: Bitter Consequences of Trademark Maximalism 4.8.2020 SpicyIP
In a surprising ruling by the Federal Supreme Court of Germany (BGH) recently, well known German chocolate brand, Ritter Sport (“Ritter”) won exclusive rights to square packaging for its chocolates. The Court rejected the appeal by competitor Milka, a Swiss chocolate company that had been trying for almost a decade to challenge Ritter’s trademark protection for shape. Decision and Reasoning The Judges held that the square shape of the bar was not functional as it did not add any essential...
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