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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Brand Valuation Conference Hosted Jointly with UK IPO

January 2017 - Intellectual Property. Legal Developments by Anand and Anand.

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Organised by Intellectual Property Office of the United Kingdom and Anand and Anand, the conference on “Brand Management: Valuation and Protection” builds on joint UK-India efforts to facilitate ease of business and protect intellectual property.

Adam Williams of the UK IPO and Pravin Anand, Managing Partner, Anand and Anand, opened the conference on the heels of the Prime Ministers of United Kingdom and India having signed an MoU on Intellectual Property, which will promote innovation, creativity and economic growth in both countries.

Affirming the commitment the UK has made to encouraging business ties with India, Adam Williams emphasised intellectual property being fundamental to those commitments. Pravin Anand reiterated that both countries have a lot to learn from each other, with the Indian legal system more mature at handling unconventional forms of intellectual property.

The  speakers, representing the legal IP fraternity in the UK, brand management consultancies and businesses, both established and start-ups, addressed the increasing importance of brands and intangibles in today’s business environment. The conference was the first in a series of an ongoing collaboration between the UK IPO and Anand and Anand relating to Brand Valuation.

ASIA IP AWARDS 2016

October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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Anand and Anand has been recognized as the Winner- Patents 2016; India at the 7th Annual Asia IP Awards held in Bali on 7th October 2016. 

PLAY THE MUSIC, FACE THE MUSIC: WHAT THE COPYRIGHT ACT SAYS

October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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Recent judgments of the Delhi High Court in favour of ISRA are heralding a new appreciation for singers’ creations and the right to receive royalties when their music is played back in a commercial setting. Pravin Anand explains.

http://indianexpress.com/article/explained/play-the-music-face-the-music-what-the-copyright-act-says-3074420/

IMPACT OF THE RECENT PATENTS (AMENDMENT) RULES, 2016

October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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The Rules specifically address the issue of excessive delays, backlog of applications at the Patent Office, and higher costs in prosecuting applications, especially for new businesses.

Recent times have witnessed a paradigm shift in India towards protection and promotion of intellectual property rights and, in particular, protection of patents. The startup boom, the ruling government’s ‘Make in India’ campaign and judicial intervention in the case of Nitto Denko Corporation v. Union of India have all contributed to the passing of Patents (Amendment) Rules, 2016.

In order to foster innovation, promote investment and entrepreneurship in India, the Rules now specifically recognize ‘startups’ as patent applicants. The Rules define ‘startups’ as being any entity working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property, provided that not more than five years have lapsed from the date of incorporation of such an entity and the turnover does not exceed rupees twenty-five crores for the said five financial years. Taking into account the initial difficulties faced by such businesses, the Rules further provide for lower fees for prosecuting patent applications filed by such startups as compared to others.

Authored by Pravin Anand and Geetanjali Visvanathan.

This article was published in Asia Business Law Journal

https://www.vantageasia.com/new-rules-impact-ip-rights-and-patent-protection/

Trans-border Toyota trumps prior Prius

October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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One of the first and biggest trademark disputes in the auto segment has come to an end after seven years, with the final Judgment passed by the Delhi High Court on 8 July 2016, in Toyota Jidosha Kabushiki Kaisha v Deepak Mangal & Others in favour of Toyota.

https://www.vantageasia.com/trans-border-toyota-trumps-prior-prius/

DAMAGES IN TRADEMARK INFRINGEMENT: YAHOO V. SANJAY PATEL

October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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Dhruv Anand and Udita M. Patro look at the trend of Indian courts granting larger damages in IP cases, particularly those concerned with trademark infringement.

With the Indian legislature and judiciary realizing the increasingly important need to safeguard and protect the intellectual property assets of a company, intellectual property litigation in India has recently received a heartening – and much-required and awaited – thrust with the recent enactment of the Commercial Courts Act, which has brought about a time revolution in such cases, and the recent trend of Indian judges granting larger damage amounts in intellectual property cases.

A recent judgment of the Delhi High Court wherein the court recognised and upheld the well-known YAHOO trademark of Yahoo! Inc., while granting damages to the tune of Rs. 3.2 million (US$48,000) and costs of Rs. 640,000 (US$9,600) is an apt illustration of this recent trend.

In another suit for counterfeiting and trademark infringement, Cartier International AG v. Gaurav Bhatia, the Delhi High Court awarded Rs. 10 million (US$150,200) in damages. The judgments point to the changing approach of Indian courts and their willingness to grant high damages in intellectual property cases, proportionate, at least partly, to the illicit commercial exploitation by the infringer.

This article was published in Asia IP October 2016.

To continue reading, please contact us at email@anandandanand.com

INDIA FOCUS: THE ERA OF NATIONAL IP POLICY

October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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With 2010-2020 declared the ‘decade of innovation’, the Indian government has challenged itself to achieve not only growth, but inclusive growth, discuss Archana Shanker and Vidisha Garg.

To realise its vision, the government has roped in the Department of Industrial Policy and Promotion, which unveiled the National Intellectual Property Rights Policy earlier in 2016, and set up the National Innovation Council to road map policies to boost innovation in the country.

Start-ups have been envisaged as the epicenter of the invention revolution and India, as a first, has defined the‘start-up’: essentially new ventures with a small turnover, driven by the development and deployment of new and disrupting technologies. Incentives for start-ups have been given in the form of tax breaks, assistance from a governmental ‘fund of funds’, reduced fee for intellectual property and expedited patent filings.

The Indian Patent Office, having committed to receiving 1000 expedited applications every year, is gearing for this additional burden by recruiting controllers and examiners, organising training camps and seeking stakeholder responses on policy framework. In fact, the DIPP along with the Confederation of Indian Industry has been conducting roadshows to spread awareness about the new initiatives.

Recent policies also assuage concerns about the slow examination and disposal of patent applications, though are silent about the rejection of patent applications relating to pharmaceutical products under Section 3(d) of the Patents Act, 1970.

This article was published in World Intellectual Property Review September 2016.

email@anandandanand.com

 

DELHI HC RAISES THE BAR OF BURDEN OF PROOF ON THE DEFENDANT TO ESTABLISH A CREDIBLE CHALLENGE

October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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A decision of the Delhi High Court hints at presumption of validity of the patents, Archana Shanker discusses.

In 3m Innovative v. Venus Safety, the Division Bench of the Delhi High Court hinted at a presumption of validity of the patents holding that the grant of the patent by the IPO and the USPTO heightens the burden for establishing a credible challenge. Variously, the judges summarised the principles governing patentability of an invention and iterated:

Merely because the prior art and the subject patent use the same term for a feature does not necessarily mean that the feature is the same.

The entire specification and teaching of the prior art must be considered while determining patentability.

With IPO and USPTO not finding the patent obvious, the burden is on the defendant to prove otherwise.

This article was published on Patents Rewind.

THE PRESENT STATUS OF THE “EASE OF...

August 2016 - Corporate & Commercial. Legal Developments by Global Jurix.

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...DOING BUSINESS (EoDB) IN INDIA!

PRELUDE: --- The Ease of Doing Business (EoDB) is undoubtedly one of the most impressive and significant factors associated with smooth and profitable businesses, fast and huge industrial and economic growth, and large and regular FDI into the country specified. Hence, greater and better EoDB is immensely important especially to the developing countries of the world over, inseparably including India. For India, the importance of better and lavisher EoDB is utmost, keeping in mind the desired success of its highly ambitious and historic “Make in India” campaign, innovative ‘Start-Up India’ initiative, and so on.As per the latest Doing Business 2016 reports, India found 130th place among 189 economies of all across the world, in respect of EoDB, recording a laudable jump of 12 spots in its status in this regard, as compared to its position in the DB 2015 ranking. Substantial credit for this achievement certainly goes to the NDA Government, which has been taking a series of effective measures for remarkable improvement in the business regulations in India, especially since the launch of its flagship program “Make in India” in September 2014. Still, the Government of India is working extensively to achieve the set target by Hon’ble Prime Minister Shri Narendra Modi to bring India among the top 50 economies of the world over the next three years, in respect of the EoDB in India. Robust emphasis has been put on simplification and rationalization of the existing rules and regulations concerned with businesses in India, and also on introduction of information technology to make business governance and regulation faster, more convenient, and highly favorable to companies engaged in all economic sectors. This concise article offers very informative and useful stock of information about the decisive factors to the EoDB Rankings of the World Bank Group, and the present status (till May 31, 2016; the cut-off date for Doing Business 2017 Rankings) of India in respect of the EoDB.

 

Managing Intellectual Property IP Stars 2016

Managaing Intellectual property has come up with its  IP Stars 2016 guide on Patents and Trademarks & Copyright and has recozined its senior practitioners under the following categories:

  • IP Star Patents; Mr. Pravin Anand
  • IP Star Patents; Ms. Archana Shanker
  • IP Star Trademarks & Copyright; Mr. Safir Anand

GC Powerlist -
India