Can an artwork that is under copyright be relied upon for obtaining trademark registration? The Delhi High Court recently disagreed, holding that copyright registration was “extraneous” to trademark registration, overturning a decision of the Intellectual Property Appellate Board (IPAB) in this regard.
In order to catalyse entrepreneurship and let the start-up segment flourish, the Indian government has issued a notification dated February 19, 2019 ("Notification"), which sets out certain tax exemptions available to start-ups under the Income-tax Act, 1961 ("Act").
The Companies (Amendment) Ordinance 2018 ("2018 Ordinance"), issued on November 2, 2018 brought about significant changes to certain provisions of the Companies Act, 2013 ("Act"). The 2018 Ordinance was passed by the Lok Sabha, though could not be taken up by the Rajya Sabha and which was due to expire on January 21, 2019. In order to give continuity to the amendments introduced by the 2018 Ordinance, it was re-promulgated on January 12, 2019 by another ordinance i.e. the Companies Amendment Ordinance 2019 ("Ordinance") on January 12, 2019 with its provisions effective from November 2, 2018.
On 13th June 2018, the Ministry of Corporate Affairs notified Section 90 of the Companies Act, 2013 ("Act") and the Companies (Significant Beneficial Owners) Rules, 2018 ("SBO Rules"). Both aim to make transparent a company’s ownership by tracing the identity of the individuals who ultimately control the company.
The procedures for the fixation of trait value or seed price of registered plant varieties must only be done as per the plant variety protection law, and based on the agreement between the right holder and the concerned party, according to a new Notice issued by the plant variety regulator.
The Notice is unique because this is the first time that an IP regulator has formally issued a legal instrument stating that any price control of protected items must be in accordance with the relevant IP legislation.
A Special Bench of five judges of the Delhi High Court has held that had a composite suit in relation to the infringement of a registered design and passing off, where the parties are the same, is maintainable in a court of law.
In one of its recent decisions, the Kerala High Court ("Court")in Rasitha C.H. vs State of Kerala and Others has reinstated that merely on the basis of being contractual employees, women cannot be deprived of the maternity benefits. The judgement has been propounded by Justice A. Muhamed Mustaque.
On December 26th, 2018 the Department of Industrial Policy and Promotion under the Ministry of Commerce (the "DIPP"),introduced stricter guidelines that govern foreign direct investment ("FDI") in e-commerce firms. The Government through press note 2 (2018) ("Press Note"), provided for guidelines applicable to such e-commerce entities under the consolidated foreign direct investment policy of 2017 (the "FDI Policy").
Comparative advertisement and product disparagement are sensitive subjects to manufacturers of goods and services. Comparative advertising is a strategy used by companies to represent their product as superior in comparison to that of a competitor. When a comparative advertisement makes a comparison that is misleading and/ or derogatory, it crosses over into what is referred to as product disparagement.
Trademark owners in the food business, they will now have to introduce disclaimers when they use certain terms in their marks, brands or labels, so that consumers are not misled or deceived as to the nature of the products being sold, according to new regulations issued by India’s food regulator.
The Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry have issued draft rules to amend the Patent Rules, 2003 (available here: See). The following major changes have been proposed in these draft rules:
The question of granting temporary injunctions is always a knotty one, and requires establishing whether the injunction-seeker has a prima facie case, whether the balance of convenience lies in their favour, and if the temporary injunction is not granted, that the they would suffer irreparable loss or injury. The challenge before a court is to determine which facts must be considered when assessing the request for such an injunction.
Can a request for information under the Right to Information Act, 2005 (“RTI Act”) be denied on grounds of being the copyright of a third party? This was one of the questions that a Two Judge Bench of the Supreme Court of India recently dealt with. The case related to the issue of disclosure under the RTI Act, where a person sought information regarding the plans submitted to public authorities by a real estate developer.