Introduction The dispute over the Geographical Indication (GI) tag for Tangail sarees between India and Bangladesh highlights complex issues of cultural heritage and intellectual property rights. It underscores broader concerns about cultural preservation, artisan rights, and economic implications of GI tags. This controversy began when India applied for the GI tag wherein, after a four-year process involving scrutiny and amendments, the “Tangail Saree of Bengal” GI was awarded to West Bengal State Handloom Weavers Co-Operative Society Limited. During this period, Bangladesh appeared unaware o ..read more

Introduction The issue came to light when one of the founders of a company named Dorje Teas put up a post on LinkedIn claiming that they have been served a copyright infringement notice by Shark Tank India for the unauthorized use of  clips of their pitch on the show to advertise on Youtube and Meta ads. He had also added that, apart from them, many other companies, as many as 18, that had made their pitch on the show were also tracked down for the same purposes. These companies have disclosed that Google and Meta have flagged their social media posts for copyright infringement and in som ..read more

Introduction A trademark is a legally sanctioned identifier, such as a symbol, word, or phrase, that differentiates a company’s goods or services from other competitors. The relationship between trademarks and branding is fundamental, as trademarks safeguard a brand’s unique identity, enabling consumers to consistently link products to their origin. This legal protection is essential for upholding brand integrity and building consumer trust. One exemplary case of effective trademark and branding synergy is Nestlé. Nestlé’s strategic trademark management highlights the importance of this relati ..read more

On April 11, 2024 the United States Patent and Trademark Office (USPTO) issued Guidance on the use of Artificial Intelligence Based Tools (“Guidance”) by applying the existing rules and policies to the use of Artificial Intelligence (AI). These regulations do not provide for a new regulation, rather discuss the risks associated with using AI for drafting, filing and interacting with the documents and USPTO systems. Additionally, it also provides for measures that remedy those risks and deals with the issue of confidentiality and national security. The Guidance deals with four primary aspects t ..read more

Innovations and patents are crucial for corporate success, as they provide a competitive advantage. With rising capital needs and global financial market opportunities, patents are attractive to stakeholders and investors. In order to ascertain the impact of patents on company success, it is necessary to effectively manage and assess the value of patents. This can be achieved using various methods and approaches involved in these methods. Although the costs associated with obtaining a patent can be easily calculated, accurately assessing the value of a patent needs the use of certain instrumen ..read more

Introduction Trademark licensing is a legal phenomenon where a trademark owner (Licensor) grants permission to another (Licensee) to use the trademark on mutually agreed terms and conditions. Traditionally the practice of granting licenses for trademarks was prohibited due to concerns about deception and uncertainty about the source of goods in the minds of consumers. However, as the contemporary industry and commerce progressed, consumers began associating trademarks with the quality of products and services. This led to a development in the trademark law where a trademark began to be seen as ..read more

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination. It was the amendment of Patent Rules in 2016 that brought about this change wherein the option for an expedited examination was introduced when India was recognized as a competent International Search Authority and International Preliminary Examination for the PCT Applications. In this blog we will be delving into wh ..read more

In an age of innovation and technology and stricter patent regulations, trade secrets have emerged as a breath of fresh air for companies facing difficulties in obtaining patent protection. Obtaining a patent can be challenging due to the complex procedures, higher thresholds, and various risks involved, which are particularly daunting for smaller companies. Trade secrets offer a simpler and more accessible option, giving it an edge over patents. Our article on Patent vs. Trade Secrets: Making the Right Choice discusses this very debate. In the fields of biotechnology and life sciences, secrec ..read more

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. A “design” encompasses the aesthetic aspects of any shapes, patterns, ornamentations, or compositions that can be applied to any two-dimensional or third-dimensional articles through industrial processes or techniques. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection. Despite this legal framework, registered designs remain vulnerable to infringement. Ow ..read more

Our earlier post on the Madrid system and the provisional rules provides a detailed analysis on the Madrid System, which is  managed by the World Intellectual Property Organization (WIPO). This Madrid system has significantly impacted global trademark registration, with over a million registrations worldwide. It operates under two treaties: the Madrid Agreement of 1981 and the Madrid Protocol of 1989, the latter enhancing the system’s adaptability to modern business needs by providing a centralized platform for international trademark management. A key feature of the Madrid System is the ..read more