Intellectual Property

The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. These limits were last applied in India nearly a decade ago. ...

Intellectual property lawsuits are often about obtaining interim relief in the form of injunctions against parties, sometimes without the court giving them an opportunity to be heard. Usually, the court considers factors of whether a prima facie case has been established, if balance of convenience lies in favour of the complaining party, and whether irreparable loss is likely to be caused if such relief is not granted. ...

On 21^st February, 2019, the Ministry of Corporate Affairs (MCA) notified the Companies (Incorporation) Amendment Rules, 2019 ("Amendment Rules") directing every company incorporated on or before 31^st December, 2017 to file E-form INC – 22 A to verify their registered office. This move of the government along with other newly introduced stringent compliances such as director KYCs, is with the aim to tighten the noose around dummy entities....

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....

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. ...

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: ...