Intellectual Property

Intellectual Property

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Filing a Trademark in India: Putting together the Appli...

Under Indian trademark law, any person claiming to be the proprietor of a trademark may apply to register the trademark. The trademark may either be in use or proposed to be used. Generally, the person who uses or controls both the use of the trademark and the nature and quality of the goods or services to which it is affixed, is considered the owner of the trademark. ......
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Extraordinary exceptions to deadlines at the Indian Pat...

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. ......
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Do scientific publications exempt patent applications f...

One of the three universal requirements for the grant of a patent is that the patent must be for a new invention. The Indian Patents Act, 1970 (the Act) defines a ‘new invention’ in Section 2(l) as ‘any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification. ......
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Trademark Fees in India: Reductions, claiming special s...

Official trademark fees in India for filing a trademark, as well as fees related to aspects of trademark prosecution, such as opposition, renewal, expedited registration, etc., are provided in the First Schedule of the Trade Mark Rules, 2017. If the fees are not paid or are insufficient, then the document or form provided in connection with a particular process will be deemed not to have been filed. ......
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Bollywood’s Sholay Still Reigns Supreme: Protecting Fil...

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. ......
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Preparing for Invention Disclosure Meetings: A Guide fo...

You have a new and innovative solution (for example, a product or a method) that solves a problem. You want to apply for a patent covering that solution. To discuss the patent application, you set up an appointment with a drafting patent attorney. ......
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Sequence Listing in Indian Patent Applications

If a patent application discloses any nucleotide or amino acid sequences, the description of the invention must contain a ‘sequence listing’. A sequence listing is a list of biological sequences using defined terms for certain features. This includes descriptive information about each sequence, which is known as annotations. ......
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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. ......
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Of “Unspecified value” no longer: A judicial knell for ...

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. ......