ArticleIndian FMCG Company Emami Fined For Breaching Court OrderThe Bombay High Court, through an order dated October 12, 2020, directed Emami Limited to pay a fine of INR 100,000 for a violation of its previous order. IndiaIntellectual PropertyLex Orbis
ArticleInjunction Denied for Trademark Infringement of Skyline Education InstitutionIn Law, once a trademark becomes generic it is open to public domain. Being significantly applied in law, it is understood that a generic mark never receives any trademark protection and they are free for everybody to use. IndiaIntellectual PropertyLex Orbis
ArticleLahiri In Luck Owing To Lack Of EvidenceEvidence is of primary importance in deciding trademark and copyright infringement suits. The presence or lack of it may turn tables delivering contrary results.IndiaIntellectual PropertyLex Orbis
ArticleNames That Speak Beyond Borders: A Look At Trans-Border Trademark Rights In IndiaIn India, trademark protection often requires courts to balance territorial legal principles with the realities of global reputation. IndiaIntellectual PropertyLex Orbis
ArticleNeed For A Central Database System Of TrademarksA need for a centralized database system of trademarks of licensed drugs is being felt by the Drug Controller General of India to check the menace of drugs with similar names in the market.IndiaIntellectual PropertyLex Orbis
ArticleNew Registry For Farmers And Plant BreedersThe Protection of Plant Varieties Act, 2001 endeavors to provide for an effective system for the protection of plant varieties, right of the farmers and breeders and to encourage the development of new plant varieties. IndiaIntellectual PropertyLex Orbis
ArticleNo License Required For Using The Sound Recordings During MarriagesUpon examination of representations received from various stakeholders the question as to whether it is essential to obtain a license for IndiaIntellectual PropertyLex Orbis
ArticleNovo Nordisk Rejection Challenged: Controller Alone to Decide Upon Section 15The Patents Act 1970 clearly elucidates the necessary formalities that must be complied with when pursuing a patent application.IndiaIntellectual PropertyLex Orbis
ArticleProposal For Adding Educational Institutions To Avail Expedited Examination And Reduced Fees For Patent Application In IndiaIt is explained that the term "substantially financed" by the Government carries the same meaning as defined in Explanation to sub-section IndiaIntellectual PropertyLex Orbis
ArticleReproduction Of Match Boxes For More Than 50 Times Over A Short Period Falls Under The Prohibition Of Section 15 (2), Copyright Act, 1957The case of R. Vardharajan (Petitioner) v Brijmohan Agarwal (Respondent), brought before the Copyright Board, involved an application made by R. Vardharajan under Section 50 of the Copyright Act, 1950 for expunction of Brijmohan Agarwal’s registration number A-82655/2008. IndiaIntellectual PropertyLex Orbis
ArticleSecond Chance To Get NBA Approvals With Retrospective EffectIn response to such notification, over 450 applications were received from various stakeholders. IndiaIntellectual PropertyLex Orbis
ArticleSignificance of Disclosure of all Material Facts: Gandhi Scientific v. Gulshan KumarWith respect to the law relating to the subject of a party seeking discretionary relief, the said party should approach the court with clean hands and is required to disclose all the material facts, which may affect the decision in any way. Otherwise the party cannot be entitled to any discretionary relief.IndiaIntellectual PropertyLex Orbis
ArticleThe Intellectual Property Board Quashes A Complaint Pending Before The Judicial Magistrate First Class (JMFC)In Sun Textile Engineers & Ors (Petitioner/ Accused) v State of Gujarat & Anr (Respondent / Complainant), the Petitioners being the original accused, sought for quashing of the complaint pending before the Judicial Magistrate First Class (JMFC), Surat on the ground that the complaint did not disclose any offences mentioned in the complaint.IndiaIntellectual PropertyLex Orbis
ArticleThe ‘Pronunciation’ At The Core Of Phonetic SimilarityInternational luxury brands are increasingly tapping into India’s rich cultural heritage as they begin to expand in one of the most promising markets. IndiaIntellectual PropertyLex Orbis
ArticleTime-Barred Applications Toss Into The Registry – Zyro Allowed To File OppositionIssues of Limitation traditionally find a place in litigation. However, as quasi-judicial authorities are increasingly being established having the authority to hear and dispose off issues and differences, it is but natural that concerns such as being time-barred or not shall crop up before such bodies.IndiaIntellectual PropertyLex Orbis
ArticleTrade Slogans: Where Do They Stand In IndiaTrade slogans are mostly in the form of phrases or sentences or catchy words which are primarily useful in advertising the product. One of the prime feature or qualification of a trademark is that it should be identified with the product. Once the slogan attains the quality of being identified with the product, they can be brought within the ambit of trademark.IndiaIntellectual PropertyLex Orbis
ArticleUse Of Lacoste And The Crocodile Device Actuated With Mala Fide- Delhi High CourtThe subject matter in the case, "Lacoste & Anr v Global Impex India CA" was the trademark "LACOSTE" and the "Crocodile Device". IndiaIntellectual PropertyLex Orbis
ArticleVASTU PYRAMID Establishes Stand As Prior UserIrrespective of being big brands or smaller players, the awareness about protecting one's intellectual property is on the rise.IndiaIntellectual PropertyLex Orbis
ArticleXerox Compromise: Disclosure To Be AffixedThe value and repute of a well-established brand is undisputed. In such a case, while litigation may go on for long, parties sometimes find viable solutions in settlements. As witnessed in the case of Xerox Corporation and Anr. v. Sailash Patel and Others 2008 (37) PTC 526 (Del.), the Delhi High Court affirmed and validated the settlement arrived between the two parties, as regards the sale and distribution of its second hand products. IndiaIntellectual PropertyLex Orbis
Article"Zytrin" Registration Denied To StadmedStadmed Private Limited sought for registration of ‘Zytrin’ in respect of pharmaceutical and medicinal preparations. The mark was proposed to be in use since the date of application. The mark was subsequently advertised in the Trade Marks Journal before acceptance under Section 20(1) of the Trade Marks Act, 1999.IndiaIntellectual PropertyLex Orbis