March 19, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Patent (Amendment) Rules, 2024: Key Changes
The Ministry of Commerce and Industry has, on March 15, 2024, notified the Patents (Amendment) Rules, 2024 to amend the Patents Rules, 2003 (“Amended Rules”), making significant changes to Indian patent practice and procedure. The Amended Rules have already come into effect from the date of publication, i.e., March 15, 2024. ......
February 20, 2024
Intellectual Property | Plant Variety Protection
Intellectual Property | Plant Variety Protection
Welcome back, Mr Chips! Delhi High Court restores Peps...
In a continuation of the long-drawn out big ticket litigation between PepsiCo and potato farmers, a Division Bench of the Delhi High Court in January 2024 reversed an earlier decision that had revoked the multinational’s registration of potato variety FL2027, which it uses to make the iconic Lays chips. ......
February 19, 2024
Intellectual Property | Trademark
Intellectual Property | Trademark
Safe and Sound: Protecting Sonic Identities as Trademar...
The success of a business depends on various elements, including its brand. Commonly understood as just the name and logo, “brand” has a deeper meaning, incorporating many factors that feed into the consumer experience offered by the business. A successful brand strategy leverages brand identities to create imagery that prompts instant recall in consumers’ minds. ......
February 15, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Patentability of Diagnostic Methods in India
Among the many exclusions to patentability, the Indian Patents Act, 1970 (“the Act”) also excludes “diagnostic methods” under Section 3(i). But the term itself has been applied inconsistently by the Indian Patent Office (“IPO”). This note discusses a recent decision of the Madras High Court on the interpretation of this term and its implications on related patent applications. ......
February 13, 2024
Intellectual Property | Trademark
Intellectual Property | Trademark
Trademark ‘trafficking’ in bad faith can invite cancell...
The primary objective of intellectual property (IP) law is to encourage creativity and innovation; the law must also maintain a fine balance such that the use of such creativity and innovation is not prevented outright, but also not abused. This is why IP and IP-related laws have requirements like demonstrating the working of patents in a jurisdiction, or preventing domain squatting, and so on. ......
February 3, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Patentability of Graphical User Interfaces in India
Graphical User Interfaces (GUIs) are no longer just basic interfaces; but are an integral component of the user experience. From AI powered chatbots that assist a user, to virtual reality experiences, there have been significant innovations in this field. Globally, the number of patent applications published in the field of GUIs has nearly doubled in the past three years, with over 20,000 published in 2023 alone. ......
January 25, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Draft Patent Rules 2024 – Decriminalizing Offences
In the last few years, the Indian government has taken various steps to reform the patent filing process in India and strengthen the Indian IP ecosystem. In the latest series of developments, the Ministry of Commerce and Industry (“MoCI”) published draft Patents (2nd Amendment) Rules, 2024 (“the draft Rules") on January 2, 2024, seeking comments from the public and/or any stakeholders. Public comments to the draft Rules are invited until February 2, 2024. ......