In India, patent holders are required to submit a Statement of Working (Form 27) to demonstrate that the patented invention is being worked in India on a commercial scale. This requirement underscores the Indian patent regime's emphasis on ensuring that patents contribute to the country's industrial and economic development ..read more

In a recent decision, the Delhi High Court addressed a petition challenging the abandonment of a patent application for a “Blind-Stitch Sewing Machine and Method of Blind Stitching.” The petitioner sought to restore the patent application on the account of misconduct and negligence by their Patent Agent which resulted in their patent application being abandoned. Justice Pratibha M. Singh who had presided over the case, emphasized the need for a Code of Conduct for Trademark and Patent Agents to ensure liability over their actions. This article delves into the arguments presented by both partie ..read more

I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. Recently, one of the most frustrating challenges awaiting brand owners at the time of filing a trademark application doesn’t seem to be the lengthy registration process of the Registry, but instead the discovery of an already registered identical mark which primarily raises two red flags – One, a third-party is infringing their rights through unauthorised use which they had no idea about; and Two, they can’t register their brand immed ..read more

As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation and confuse consumers. This holds especially true when it comes to counterfeit products sold on e-commerce platforms which not only pose legal risks but also threaten customer safety and satisfaction. One of the most important strategies to tackle these issues is filing takedown requests with social me ..read more

A recent judgment in the case of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd has reaffirmed several critical legal standards in trademark infringement and redefined the “customer of average intelligence and imperfect recollection” test considering the evolution of customer awareness and brand identities. In this case, the Plaintiff, Mountain Valley Springs India Private Limited, who are the owners of the luxury skincare brand Forest Essentials, sought for an ad interim injunction as part of a permanent injunction suit against the Defendants, Baby Forest Ltd, regarding ..read more

The Delhi High Court recently issued a significant judgment regarding the sale and rebranding of refurbished goods, particularly addressing disputes between Seagate Technology LLC and WD Technologies (“original manufacturers / plaintiffs”) against several Indian entities involved in the rebranding and sale of refurbished Hard Disk Drives (HDDs), including Daichi International and a few others (“refurbishers / defendants”). This judgment [Seagate Technology LLC vs. Daichi International and Ors.], is set to impact the standard operating procedures within the refurbished goods industry. Facts: In ..read more

In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. The appellant, claimed to have invented a system and method for converting waste materials into reusable oil products. He filed a patent application on August 5, 2021. On March 28, 2022, a request for examination was filed. Subsequently, a First Examination Report (FER) was issued on March 15, 2023, which required a response within six months. The appellant filed his response to the FER on September 19, 2023, four days past the deadline of September ..read more

The Ministry of Information and Broadcasting vide notification dated March 15, 2024 has introduced the Cinematograph (Certification) Rules, 2024, (hereinafter “new Rules”) in order to amend the Cinematograph (Certification) Rules, 1983 (hereinafter “old Rules”). The new Rules aim to provide clarity and coherence in the certification process and hold significant implications for filmmakers, distributors, and audiences as well as align with contemporary standards and societal values. The key amendments are as mentioned below: Greater representation for women: While the old Rules have ..read more

It is not really surprising that with the rapid development of technology, its adverse effects are also increasing every day. But is this having more implications on the popular personalities of our society, or has it just been appearing so lately? Let’s have a look. Recently, many popular actors in our entertainment industry have been victims of very convincing Deepfake videos inciting widespread alarm all around. Rashmika Mandanna, Alia Bhatt, Katrina Kaif amongst many others have been victims of this wherein their face had been morphed in several lewd videos and circulated widely online. De ..read more

The Patents (Amendment) Rules, 2023, initially circulated on August 23, 2023, for discussions and consultations with stakeholders, is now being notified and are officially in effect from March 15, 2024. The amendments tackle significant issues raised by patent filers in India, particularly regarding annual working statements, patent working details, Form 3 submissions concerning corresponding foreign applications, prosecution document filings, timeline extensions, and condonation of delays. Key Amendments:    –  Request for Examination (RFE): The deadline for filing an RFE has b ..read more