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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

 

Legal Developments Worldwide

Articles contributed by Anand and Anand

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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 â€˜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.

Managing Intellectual Property IP Stars 2016

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

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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

Anand and Anand recognized in Asia-Pacific Innovative Lawyers 2016 report

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

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Anand and Anand has been recognized amongst the FT25 Asia Pacific Headquartered law firms in the FT Asia-Pacific Innovative Lawyers 2016 Report. 

We are humbled to be the only Asia head-quartered firm to feature in the list of innovators in the category of “Business of Law – Technology”.

http://anandandanand.com/images/pdf/ft_report.pdf

BASCAP 25 Best Practices

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

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ANAND AND ANAND convened a meeting with the ICC and BASCAP officials on 17th May 2016 for assessing the BASCAP 25 Best Practices vis-a-vis the level of copyright and trademark enforcement and protection in India. The discussion panel involved representatives from leading brands and Mr. Pravin Anand who suggested inputs to the proposed document. The document will be submitted to the Indian Government ahead of the BRICS Summit in October 2016.

Merck Vs Glenmark: India’s first decree in favour of a patentee in a contested patent infringemen

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

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Authored by: Pravin Anand, Dhruv Anand and Udita M. Patro

In a first, the Delhi High Court held the patent of the plaintiff, Merck, valid and infringed upon by Glenmark in what is a welcome decree for innovators

Anand and Anand awarded at the Legal Era Awards 2015-2016

April 2016 - Corporate & Commercial. Legal Developments by Anand and Anand.

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Anand and Anand has been awarded as the Best IP firm of the year 2015-2016 at the Legal Era Awards held at Hotel Taj Land’s End, Mumbai, on Saturday, 5th March 2016. Also, Mr. Pravin Anand has been awarded as Star Dispute Resolution Lawyer 2015-2016.

DELHI HIGH COURT GRANTS 10 MILLION RUPEES AS DAMAGES AGAINST AN E-COMMERCE WEBSITE

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

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Authored by: Pravin Anand and Raunaq Kamath.

The Delhi High Court pronounced a historic judgment on January 4, 2016 when it passed a decree for payment of the highest damages granted in a trade mark suit in India till date. The suit was filed by Anand and Anand in 2014 on behalf of multiple Richemont Companies viz. Cartier, Panerai, Vacheron Constantin and Jaeger LeCoultre against a Chandigarh based company Digaaz e-Commerce Pvt. Ltd. (‘Digaaz’) and its directors.

Vested Rights in Trade Marks

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

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In the Intellectual Property field, Trade Marks rights are vested in the owners without any formalities. As soon as a Trade Mark is launched in the market or a proprietor has started using a mark, the rights vest in that Trade Mark and no registration is required to obtain these rights.

WINDS OF CHANGE IN THE INDIAN LEGAL SYSTEM

November 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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 Commercial Court Ordinance-India

Authored by: Litigation department, Anand and Anand                                                                                                      28-10-2015

The much anticipated establishment of Commercial Courts in India has been promulgated by The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015. The Ordinance came into immediate effect on October 23, 2015 when it was notified in the Government Gazette.

The intent of this ordinance is to establish a “model court” for commercial litigation in India which will follow best practices from around the world. It is a revolutionary piece of legislation expected to usher in an era of speedy disposal of cases with strong disincentives for frivolous litigation. There is also a strong emphasis on narrowing the controversy between the parties and focussing their attention on the core issues of a case.

Delhi High Court, Division Bench Order on Allied Blenders & Distillers Pvt. Ltd.

August 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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Trademark and copyright law 101 – a note on Shree Nath Heritage Liquor Pvt. Ltd. v. Allied Blenders & Distillers Pvt. Ltd. and Sentini Bio Products Pvt. Ltd. v. Allied Blenders & Distillers Pvt. Ltd.

Authored by: Ms. Abhilasha Nautiyal and Mr. Shrawan Chopra, Anand and Anand 

A division bench of the Delhi High Court, comprising of Justice Pradeep Nandrajog and Justice Pratibha Rani, in a recent order held the marks ‘Officer’s Special’ and ‘Collector’s Choice’ as likely to be confused with Allied Blenders and Distiller’s mark ‘Officer’s Choice’ for whisky. The Learned Bench also found the label for ‘Officer’s Special’ to infringe the copyright in the ‘Officer’s Choice’ label.

 

Mr Pravin Anand was recognised as the “Most Innovative Lawyer” across Asia Pacific

June 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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The winners of the FT Innovative Lawyers Awards for Asia-Pacific were announced on the 10th June 2015 at an awards ceremony held in Hong Kong.

A done deal? Comment on Snapdeal v. Kaff

June 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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E-tailers are more often than not unwilling to maintain resale price according to what the manufacturer expects. So much so that, along with the ease of ‘cash on delivery’, consumers in India have now come to expect lower prices for products they buy online.

The Competition Commission of India (CCI) recently ordered an investigation against Kaff Appliances for alleged resale price maintenance based on information supplied by Snapdeal. The CCI expressed a view that Kaff had a share of 28% in the market of ‘supply and distribution of kitchen appliances in India’, and the condition to maintain a minimum resale price imposed by Kaff on its dealers is prima facie likely to have appreciable adverse effect on competition in the said market.

This order could be a preliminary seal of approval of the e-tailing business model where players are unwilling to maintain resale price according to the manufacturer’s expectations. But what does this mean for the manufacturers and brick and mortar stores? Increased sales of goods, even if some dealers undercut others, must mean good business for the manufacturer. Then why is Kaff insisting on maintaining a minimum resale price – Are the brick and mortar retailers behind this?

This comment explores these questions and the likely impact of this order on the e-tailing sector, the manufacturers and brick and mortar stores.

An (unintentional) safe harbour for online counterfeiting?

June 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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The recent decision in Shreya Singhal v Union of India by the Indian Supreme Court striking down the much maligned Section 66A of the Information Technology Act, 2000 (IT Act) is undoubtedly a watershed judgment in Indian Constitutional jurisprudence.

Has the Competition Commission dealt biggest legal blow yet to India’s start-up story?

June 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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Growth, adoption and market share; these three words form the basis of the business strategies of millions of start-ups around the world including thousands in India. Profitability is almost a profanity in the start-up world; investors often advise start-ups to have a single-minded dedication to growth and to not worry about profits. Consequently, start-ups in India have been able to enter with a big bang offering goods and services at a price range that was unthinkable only a few years ago. Their strategies have included bumper discounts, large-scale marketing and possibly even pricing below cost. Some of these pricing strategies have been in play in the automotive aggregator space where players such as Ola and Uber have adopted very aggressive pricing and marketing strategies that have even driven out competitors like Taxi For Sure out of the market. Thus far, the sustainability of these pricing practices and the valuations of these companies has only been debated amongst industry experts ad nauseam even as more and more companies obtain millions of dollars of VC funding on the basis of the same model.

Nitto Denko v Union of India- Committee Report

April 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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Nitto Denko v Union of India- Committee Report on compensatory measures for delays and provision for expedited examination at the Indian Patent office

A. Background

While patent office delays and excessive backlog of pending patent applications at the Indian Patent Office has been an issue of serious concern for a while, it is only recently that the said issue has been seriously dealt with and exposed vide two writ petitions before the Delhi High Court filed by Nitto Denko Corporation, a company based in Japan and represented by Mr. Pravin Anand of Anand and Anand Advocates.

Saving the Cultural Heritage of India

April 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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Aldous Huxley is known to have famously said “Facts do not cease to exist because they are ignored.” One such brutally ignored fact would be the plunder of cultural heritage around the world and the up to US$3 billion plundered art and antiquities trade that it contributes to.[1]

Anand and Anand enhances its gene pool

April 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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Anand and Anand has taken several steps recently to strengthen its leadership pipeline. The firm, which recently concluded its 90 years’ celebrations, has been named as the “Employer of Choice” by Asian Legal Business and clearly intends to maintain its leadership position in IP.

Anand and Anand - MIP Firm of the Year 2015 India Contentious Firm

April 2015 - Intellectual Property. Legal Developments by Anand and Anand.

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Managing Intellectual Property has awarded Anand and Anand - Firm of the Year 2015 India Contentious Firm in the MIP Global Awards 2015.

In the MIP Global Awards 2014 Anand and Anand also received - Firm of the Year 2014 India Prosecution award.

World Art Day at Anand and Anand

May 2014 - Intellectual Property. Legal Developments by Anand and Anand.

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On 5th - 6th April 2011, the 17th General Assembly of the International Association of Art (IAA/AIAP) voted unanimously and declared 15th April - the birthday of Leonardo da Vinci - as "World Art Day". World Art Day is an international celebration of the fine arts and aids in the spreading of art awareness worldwide.

UPDATE ON THE PLANT VARIETY PROTECTION LAW IN INDIA

August 2012 - Corporate & Commercial. Legal Developments by Anand and Anand.

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The Indian Plant Variety Authority constituted under the Protection of Plant Varieties and Farmer’s Rights Act (PPV&FR Act), 2001 has been accepting applications for plant variety registrations since 2007. It has recently added Orchids as the crops which are now eligible for registration as new varieties.

Intellectual Property themes in current times

August 2012 - Intellectual Property. Legal Developments by Anand and Anand.

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On behalf of AIPPI India Group and the FICPI India Group, a round-table discussion was organised on the 12th July 2012 at the India Habitat Centre, New Delhi. The objective of the discussion was to take a stock of Indian laws on Intellectual Property and to discuss the most important intellectual property issues of current times.

Creating awareness for Customs and Border Enforcement of IP rights

August 2012 - Intellectual Property. Legal Developments by Anand and Anand.

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Success at anti-counterfeiting is heavily dependent on non-porous borders and stringent law enforcement machinery. This involves collaborative and concerted approach involving Custom and Border enforcement officials. We firmly believe that lawyers can play a creative role in knowledge sharing with the law enforcement agencies by facilitating capacity building programs.

Sony Corporation Entertainment Europe Limited v. Mr. Harmeet Singh & Ors. [CS(OS) No. 1725 of 2012]

July 2012 - TMT ( Technology, Media & Telecoms). Legal Developments by Anand and Anand.

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Sony Corporation is the owner of Play Station devices (various versions including PS3). Sony along with its various associates are also the publishers of various gaming software programs such Drake Deception etc.

DELL INC. GRANTED INJUNCTION AGAINST PARALLEL IMPORTER

July 2012 - TMT ( Technology, Media & Telecoms). Legal Developments by Anand and Anand.

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The law on parallel imports is no longer res integra as a consequence of a stream of judicial pronouncements which have held that the import and sale of grey market products amounts to infringement. Recently, Dell Inc. joined other successful litigants like Samsung Electronics Ltd. and Bose Corporation in securing an order of injunction against parallel importers of its products.