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From Distinctiveness to Genericide: Avoiding Trademark Ruin
The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ...
Extraordinary exceptions to deadlines at the Indian Patent Office
When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ...
Bollywood’s Sholay Still Reigns Supreme: Protecting Film Titles in India
Cinema is a way of life in India, and the one film that epitomizes this national obsession is Sholay. Released nearly half a century ago, Sholay is a genre-defining film, whose appeal transcends all boundaries of geography, language, ideology, and class, and that established standards for what we now call “masala” blockbusters. ...
Filing Trademarks in India: From Application to Renewal
Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ...
Of “Unspecified value” no longer: A judicial knell for forum shopping in IP suits
The forum for adjudicating commercial suits in India is governed by the Commercial Courts Act, 2015 (“CCA”), where cases are heard by courts at different levels depending on the valuation of the suits. Lesser-valued cases are heard by courts lower in the judicial hierarchy and fall outside the direct scrutiny of the CCA, thus being subject to relatively lower regulation. ...
Narrowing the Field: Selection Patents and Purposive Selection in India
Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ...
Design Marking in India: Essential or Avoidable?
Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ...
A Moment to Remember: Personality rights, Moment marketing and the Olympics
India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ...
Designs Database goes Digital: Designs E-Register now available online
The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ...
To Litigate or Arbitrate, a “Heroic” Dilemma
As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ...
Articles
A Division Bench of the Delhi High Court has brought much-required clarity on filing of divisional applications in India, which at least two different single judge benches of the same court had disagreed upon previously. ...
On October 27, 2023, the Ministry of Corporate Affairs, notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023 ("Amended Prospectus Rules") to amend the Companies (Prospectus and Allotment of Securities) Rules, 2014 ("Prospectus Rules"). ...
An order passed by the Delhi High Court in Anil Kapoor vs Simply Life and Others CS (COMM) 652/2023 granted interim relief to Mr. Anil Kapoor for protection of his name, likeness, voice, persona, manner of speaking, dialogue delivery, and other attributes of his personality against unauthorized commercial use. ...
On October 27, 2023, the Ministry of Corporate Affairs, in exercise of its powers under sub-sections (1) and (2) of Section 79 of the Limited Liability Partnership Act, 2008 (“LLP Act”), issued a notification to amend the Limited Liability Partnership Rules, 2009 (“LLP Rules”). The amended rules make several significant changes to the extant LLP Rules, primarily related to the register of partners and beneficial interests in the contributions of the Limited Liability Partnership (“LLP”). ...
Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ...
In a recent judgement, M/S Iveco Magirus Brandschutztechnik Gmbh vs. Nirmal Kishore Bhartiya & Anr. , the Supreme Court held that nothing prevents the Magistrate from dismissing a defamation complaint by applying the exceptions under section 499 of the Indian Penal Code, 1860 ("IPC") even before summoning the accused. ...
The Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") bill which aims to replace the Code of Criminal Procedure, 1973 ("CrPC"), was introduced in the Lok Sabha on August 11, 2023 along with the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Sakshya Bill, 2023. The bills have been introduced with the intent of freeing India from the shadow of colonisation, however a plain reading of the BNSS bill reveals that it has retained a majority of the provisions of the soon to be erstwhile CrPC. ...
Among the three bills presented in the Lok Sabha namely, the Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill, the Bharatiya Sakshya Bill, 2023 (hereinreferred to as the "BSB") emerged as a significant legislative proposal aimed at replacing the antiquated Indian Evidence Act of 1872 (hereinafter referred to as the "Evidence Act"). The BSB introduces a notable alteration in the admissibility of electronic evidence within the judicial system by encompassing "electronic and digital records" under the definition of "Document". ...
The Bharatiya Nyaya Sanhita Bill, 2023 ("New IPC Bill"), the proposed successor to the existing Indian Penal Code, 1860 ("IPC") was introduced in the Lok Sabha on August 11, 2023. The Bill was tabled along with two other bills: (1) Bharatiya Nagarik Suraksha Sanhita Bill, 2023; and (2) Bharatiya Sakshya Bill, 2023 intended to replace the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 respectively. ...
The Mediation Act, 2023 (the “Act”) was passed by the Rajya Sabha on August 1, 2023, the Lok Sabha on August 7, 2023, and was notified in the Gazette of India after receiving the assent of the President of India on September 15, 2023. First introduced in Parliament on December 20, 2021 (“2021 Bill”), the 2021 Bill was then referred to a Parliamentary Standing Committee (“Standing Committee”), which submitted its report to the Rajya Sabha chairperson on July 13, 2022. ...
The High Court of Telangana, in its judgment dated August 24, 2023 in the case of M/s GMR Spintex Private Limited, rep. by its Director v The Regional Director, Ministry of Corporate Affairs , upheld an order passed by the Ministry of Corporate Affairs, where, it directed the change of name of a company on the grounds that it may cause confusion and deception. ...
Recently, in the case of Amit Guglani and Another vs. L&T Housing Finance Limited and Another , the Delhi High Court adjudicated upon a petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (the "A&C Act") for appointment of a sole arbitrator ("Petition") under a tripartite agreement dated October 24, 2018, executed between the parties. ...
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- FeaturedCharul Yadav, Sneha Agarwal and Sapna Sharma have co-authored the Life Sciences 2023 Law & Practice and Trends & Developments – India chapter for CHAMBERS AND PARTNERS’ GLOBAL PRACTICE GUIDES
- FeaturedAn insightful viewpoint by Mehak Dhingra on ‘Is it lawful to revive lapsed or dormant well-known trademarks?’ was featured on Bar & Bench.
- FeaturedCharul Yadav, Sneha Agarwal, and Sapna Sharma contributed to the ‘Law and Practice‘ chapter (India) in Chambers Life Sciences 2022 Global Practice Guide.
- FeaturedThe Use Of NFTs In The Music Industry: An interesting article written by Ashima Obhan and Shuchi Dutta, published by LiveLaw
- FeaturedSocial Media Platforms & Their Future under Proposed Data Protection Laws: An interesting article written by Ashima Obhan and Anubhav Chakravorty, published by LiveLaw
- FeaturedEssenese Obhan has been featured in IAM Global Leaders 2022, which showcases conversations with some of the world’s top private practice experts in the field of patents.
- FeaturedAntitrust Enforcement In Digital Markets: CCI On Interim Reliefs: An interesting article written by Ashima Obhan and Samridhi Poddar, published by LiveLaw
- FeaturedThe Development Of Corporate Criminal Liability In India: An interesting article written by Ashima Obhan and Anubhav Chakravorty, published by LiveLaw
- FeaturedCharul Yadav, Sneha Agarwal, and Sapna Sharma contributed to Chambersa and Partners Medical Devices & Consumer Health Products 2021 Global Practice Guide.
- FeaturedEssenese Obhan’s interview with Managing IP on the creation of the IP division in India – Part 2
- FeaturedEssenese Obhan’s interview with Managing IP on the creation of the IP division in India – Part 1
- FeaturedIndia’s Crypto Quandary: An interesting article written by Ashima Obhan and Seerat Bhutani, published by LiveLaw
- Featured‘In Conversation With Ashima Obhan, Senior Partner, Obhan & Associates’ – published in LiveLaw
- FeaturedWTO ready for talks on proposal to waive patent rights on Covid-19 products
- Featured‘Recognition Of Emergency Arbitration In India’ – written by Ashima Obhan and Shivam Patanjali, published by LiveLaw
- FeaturedSneha Agarwal’s interview with Asia IP on India’s Design (Amendment) Rules 2021
- FeaturedThe Paradox of Finality: Retrospective Revision of Tariffs for a Concluded and Executed PPAAuthored by Ashima Obhan and Shivam Patanjali published The Indian Journal of Projects, Infrastructure, and Energy Law (IJPIEL)
- FeaturedThe WhatsApp Privacy Policy DilemmaAn insightful article written by Ashima Obhan and Bambi Bhalla, published by LiveLaw
- FeaturedLeaving OTT Communication Services To Their Own Devices
- NewsEssenese Obhan ranked as a Distinguished Practitioner for Intellectual Property practice by AsiaLaw 2021 rankings
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- FeaturedThe IBC Pandemic: Suspension Of IBC And Other Changes
- FeaturedAshima Obhan’s Interview featured in LiveLaw: “COVID-19 And Its Impact On India Inc”
- FeaturedObhan & Associates Advises Aditya Ghosh On His Investment In CreditEnable
- FeaturedObhan & Associates contributes to Chambers’ Global Practice Guide on Life Sciences 2020
- NewsAshima Obhan has been Highly Commended in the category of Private Practice (Individual) Generational Inclusion Lawyer of the Year at the Chambers Diversity & Inclusion Awards: Asia Pacific 2020.
- NewsEssenese Obhan has been featured as a ‘Leading Individual’ in the Legal 500 Rankings
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- FeaturedReview of the Book on Data Protection Laws Co-authored by Ashima Obhan
- NewsEssenese Obhan has been featured as a ‘Ranked Lawyer’ in Chambers and Partners Asia-Pacific 2020
- NewsObhan & Associates has been ranked in Chambers and Partners Asia-Pacific 2020 for its IP Practice
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- FeaturedTrespassing Prohibited – showcasing in-depth insights on India market by Essenese Obhan
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- NewsObhan, ALMT on Byju’s buy of TutorVista and Edurite
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- NewsMonsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?
- FeaturedThe Plant Variety Authority and Bt Cotton: A Case of Regulatory Capture?
- FeaturedPatenting in biotechnology – the Indian scenario
- FeaturedClarifying the blurry boundaries of multiplepatents
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- FeaturedComputer-implemented inventions: Standardising patentability for CIIs
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- FeaturedGuest Post on Software Patenting in India
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