Tag: India
December 24, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Nothing to Declare?: New Form 27 puts Patentees in Indi...
A unique requirement in Indian patent law requires patentees and licensees of granted patents to file statements as to whether their patented inventions are being worked on a commercial scale in India. The format for this ‘Statement of Working’ (SOW) is contained in Form 27 of the Indian Patent Rules, 2003. ... ...
August 9, 2023
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
A Study on the Digital Personal Data Protection Bill, 2...
On August 7, 2023, the Lok Sabha passed the new Digital Personal Data Protection Bill, 2023 ("Data Protection Bill") to provide for the processing of digital personal data. Currently, India does not have a standalone law on data protection. Use of personal data is currently regulated under the Information Technology (IT) Act, 2000. ......
December 8, 2022
Intellectual Property | Trademark
Intellectual Property | Trademark
OPPOSING TRADEMARKS IN INDIA
Filing for a trademark and having it examined by the Trade Marks Office is only the first step in the journey towards obtaining a registered trademark. Under Indian Trademark law, once a trademark applied for has been examined for objections pertaining to distinctiveness or similarity with earlier cited marks, the trademark application is advertised in the Trademarks Journal. ......
October 6, 2021
Intellectual Property | Patent
Intellectual Property | Patent
Unravelling the Riddles of Secret Prior Art in India an...
Patents are granted for inventions that are novel and involve an inventive step. Any information or material that is publicly available or published before the filing of a patent application is known as “prior art” and this forms the basis on which novelty and inventive step is determined. ......
September 30, 2021
Intellectual Property | Patent
Intellectual Property | Patent
Indian Patent Offices: Finding the right jurisdiction
The Indian Patent Office is responsible for administering the Indian law of patents, and its roles include patent administration, patent duration, and patent renewal, among other things. There are four patent offices in India, located in different cities, i.e., Chennai (in southern India), Delhi (in northern India), Kolkata (in eastern India), and Mumbai (in western India). In geographical terms, these four offices cover the length and breadth of the entire country. ......
September 28, 2021
Intellectual Property | Design
Intellectual Property | Design
Narrowing the Field: Selection Patents and Purposive Se...
Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ......
September 10, 2021
Intellectual Property | Patent
Intellectual Property | Patent
Filing a patent in India: Understanding the three stage...
From filing a patent to its eventual grant, there are various stages that a patent application goes through in India. Patent filing is the primary step an inventor must initiate to protect their invention from being misused. Before a patent is granted, the Indian Patent Office (IPO) meticulously examines it, to ensure that the innovation sought to be patented is novel and involves an inventive step based on specific criteria. ......
September 2, 2021
Intellectual Property | Design
Intellectual Property | Design
Design Marking in India: Essential or Avoidable?
Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ......
August 17, 2021
Intellectual Property | Trademark
Intellectual Property | Trademark
A Moment to Remember: Personality rights, Moment market...
India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ......