Intellectual Property

The Indian government has notified amendments to the Indian Trade Marks Act, 1999, which decriminalises minor offences and revises penalties, and also introduces an adjudicating mechanism. These amendments came into effect from 1 August 2024. ......

The Indian government has notified amendments to the Indian Patents Act, 1970, which decriminalises minor offences and revises penalties. These amendments go into effect from 1 August 2024. ... ...

The Delhi High Court has held that effacement of trademarks from refurbished or resold goods would amount to impairment, even if international exhaustion is at play. However, resale may be valid and permissible if refurbished goods are offered for sale with full and proper disclosure, as per terms laid down by the court. ......

The Bombay High Court recently held that visual appeal is the ultimate test of a valid design, and that combining old integers into a form that creates a different visual appeal than its parts is also capable of qualifying as a design that is new and original. ......

Bombay High Court clarifies that patent applicants must provide substantive and complete responses to first examination reports, in order to meet the compliance requirements under Section 21(1) of the Patents Act, and to avoid the application being deemed abandoned. ...

Businesses tend to prioritise securing their rights in their primary jurisdictions of operation, and / or jurisdictions that are strategically advantageous. This applies across all aspects of operation, whether it is incorporation, tax residency or even intellectual property (IP). The challenge with the latter is that some types of IP are jurisdiction-specific. ......

Traditional knowledge (TK), according to the World Intellectual Property Organisation (WIPO), is the knowledge, know-how, skills, and practices based on the experience of indigenous people. It is developed, sustained and passed on from one generation to another within a community, often forming part of its cultural or spiritual identity. ...

Patent laws, including in India, usually allow oppositions to be filed against patent applications, either before or after they are granted. Appeals against decisions in opposition matters may also be permitted in some cases. In India, an appeal against a decision of a Controller may be filed in post-grant oppositions, but the law is not as straightforward when it comes to appeals in pre-grant oppositions. ......

False or incomplete disclosures can be costly - this follows from a recent decision of the Delhi High Court, where the global technology giant Google had to not just forgo its patent application for not meeting conditions of patentability, but also pay a fine for not providing complete and correct information of corresponding foreign filings in connection with the application. ......