Intellectual Property

Intellectual Property

|

All is Fair in Trademark Wars: the Glow & Handsome...

The battle for the ownership of the trademark “Glow & Handsome” between two fast moving consumer goods (FMCG) giants continues. On 17 August 2020, Hindustan Unilever Limited (HUL) obtained an order from the Bombay High Court to temporarily restrain Emami Ltd. from using the mark “Glow & Handsome”. The Court ordered that at this early prima facie stage, it appears that HUL is ......
|

Medical Devices: Basis of Patenting and Entering in the...

The Indian medical device market is among the top 20 in the world and is expected to reach INR 794.29 billion by the end of 2023. Whilst highly lucrative, this market also presents a highly competitive environment. To stay ahead in the game, therefore, protecting one’s invention and ensuring its timely introduction in the market are key factors. ......
|

Coronil Trademark by Patanjali Ayurved: Ignorance or In...

Arudra Engineers Private Limited vs Pathanjali Ayurved Limited- O.A. No. 258/2020 Order dt. August 08, 2020 by Madras High Court The pandemic has had a curious effect on businesses the world over. Total shutdowns of uncertain duration have had a debilitating impact on the economy, but equally, opportunists have tried to take advantage of the situation in any way possible. ......
|

Enablement Requirement (Sufficiency of Disclosure) for ...

Besides the patentability requirements of novelty, inventive step, and being capable of industrial applicability, a patent application must also meet the enablement requirement in order to be granted. A patent application is said to be enabled if the application provides sufficient details that enable a person of ordinary skill in the related field to practice the invention. ......
|

Appointing Scientific Advisors in Patent Disputes

Patent disputes that involve complex technologies cannot usually be resolved by judges alone. Training in the law is hardly sufficient to understand the nuances of the technology underlying a patent, and by corollary, makes it difficult to adjudicate on questions of patent infringement. For this reason, courts are allowed to appoint independent Scientific Advisors to assist in the understanding of the scientific or technical questions pertaining to the dispute in question. ......
| | |

New Startup. New Ideas. New IP.

Change is synonymous with Startups. Startup teams are constantly innovating, exchanging new ideas, conducting new experiments, and learning new lessons along the way. What’s really exciting about this is the potential for generating new Intellectual Property (IP) for the Startup each time you have a breakthrough. ......
|

Trademarking store layouts in India

Store layouts play an increasingly important role in brand recognition and brand recall. Take a world-renowned brand like Apple, for instance. How does every Apple store that we walk into feel the same all over the world? While there is certainly a tingling excitement that the purchase of shiny new gadgets brings, there is a more subtle factor at play: the store layout. ......
|

Solving for the looming pandemic patent crisis in India...

The COVID-19 pandemic has posed some unusual problems for states and markets all over the world. While medical science and pharmaceutical professionals continue their search for the best drug or vaccine solution for the pandemic, one challenge lies in how this can be equitably distributed to the global population without compromising on various interests. ......
|

CCI has jurisdiction when Patent Rights are abused: Del...

An Indian court has held that in cases of abuse of patent rights, the Competition Commission of India (CCI) could directly examine the complaints without any prior determination by the Controller of Patents (the Controller). ......