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Striding Towards an Empowered and Inclusive Economy: The Union Budget

The Union Minister of Finance and Corporate Affairs, Smt. Nirmala Sitharaman presented the Union Budget 2023-24 ("Budget") in the Indian Parliament on February 01, 2023. The Budget is centered around opportunities for citizens with special focus on youth, growth and job creation and strong and stable macro-economic environment. ...
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Useful info for securing IP rights in India

Official fees for filing Patents in India

+India Patent fee calculator
There are no additional charges for upto 10 claims
There are no additional charges for upto 30 sheets
Would you like to file the request for examination along with the application
+India Patent Renewal fee calculator

For more than 1 year, enter the period
Example: for 3rd year to 7th year, enter 3 to 7
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Example: for 3rd year, enter 3 to 3

For a national phase application in India, PCT application filing date is the date of filing
For a complete specification filed after a provisional specification, the date of filing of the provisional specification is date of filing
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*This is a working estimate, subject to change.

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For Your Attention, Please: Virtual Marking of Patented Software

Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ...

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. ...
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Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ...
A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ...
Recently, the National Company Law Appellate Tribunal ("NCLAT"), in the case of Dharmindra Constructions Private Limited and Anr. vs. Rajendra Kumar Jain Resolution Professional of Kudos Chemie Limited and Ors. held that the operational creditors are only entitled for minimum of the liquidation value and in the absence of breach of any provisions of the Insolvency and Bankruptcy Code, 2016. ...
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. ...
India is the largest producer of generic drugs in the world, and thus, it is no surprise that a great deal of patent litigation in India has centred on the manufacture of generics. While there are provisions in the law that permit the use of patented drugs for research and development (“R&D”) and for obtaining regulatory approvals, permissibility around the export of such drugs for similar purposes can be in the grey. ...
Access to information and the democratisation of the media is a double-edged sword. While people can now access a repository of millions of informational sources at their fingertips within seconds, conversely it makes it all the harder to wade through the muck. The issue of fake news and misinformation campaigns is not news, rather it has become synonymous with content on the internet, which is now invariably viewed with a pinch of salt. ...
In light of the powers accorded to the Government of India under Section 30 of the Securities Contracts (Regulation) Act, 1956; and in furtherance of its public policy goals to ensure that an additional degree of care is embedded into the system with regard to public shareholding, the Securities Contracts (Regulation) Rules, 1957 ("Rules") were enacted by the Government of India. ...
Digital markets comprise of internet based (digital) companies with millions of users. Such markets may be dominated with a few leading players emerging over a short period of time. The Standing Committee on Finance ("Committee") submitted its report on 'Anti-Competitive Practices by Big Tech Companies' on December 22, 2022 ("Report"). ...
In order to safeguard the users of online games against potential harm, draft amendments to the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 ("Draft Rules") pertaining to online gaming were released on January 02, 2023 by Ministry of Electronics and Information Technology ("MeitY") for public consultations. ...
Recently, in the case of the State of Madhya Pradesh v. M/S Sew Construction Limited & Ors. , the Supreme Court ("SC") has held that discretion holds no place in matters relating to contracts unless the discretion has been expressly incorporated by the parties as part of the contract. ...
Section 73 of the Indian Contract Act, 1872 stipulates that in order for a party to be entitled to damages arising from a breach of a contract, the resultant loss/damage ought to have arisen in the usual course of things from such a breach; or in a circumstance where the contracting parties were aware (when they were entering into the contract) that such a loss/damage could subsequently arise from a breach thereof. ...
In an increasingly more interconnected world, the omnipresence of media can be both a boon and a bane. Before the smartphone age, India had its first ‘Tryst with Destiny’ with the humble radio and the broadcast of several significant historical events (including, of course, the then-Prime Minister’s historical speech), to go on to become a true democratiser of knowledge. ...
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