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December 24, 2024
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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. ... ...
A Study on the Digital Personal Data Protection Bill, 2023
August 9, 2023
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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
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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
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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
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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
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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
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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
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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
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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. ......

Consent Managers and Account Aggregators: Strengthening India’s Data Governance Fram...

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

EMERGING TRENDS IN DATA PRIVACY IN INDIA: ANTICIPATIONS FOR 2025 AND BEYOND

In August 2023, India witnessed a pivotal shift in its data privacy regulatory landscape with the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"). The DPDP Act provides a comprehensive set of guidelines that must be adhered to when managing digital personal data, ensuring the protection of individuals' privacy rights while balancing legitimate business needs and government requirements. ...

Are plant treatments to be treated as agriculture?: Indian courts clarify

The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ...

Consent Requirements under the Draft DPDP Rules – A Comparison with the Provisions of the ...

The Ministry of Electronics and Information Technology (Meity) released the Draft Digital Personal Data Protection Rules, 2025 ("Draft Rules") on January 3, 2025. The Draft Rules, introduced to supplement the implementation of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), mark a significant step forward in regulating and safeguarding the use of personal data. ...

Essentially Biological Processes for Production of Plants

Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ...

In Perfect Time: When to file divisional applications

Divisional applications must be filed before the parent patent application is granted or rejected, but getting the timing right can be tricky, especially when it is not known as to when the grant or rejection will actually take place. A recent case from the Madras High Court offers insights as to when divisional applications must be filed in different scenarios. ...

LEGAL PERSPECTIVES ON AI GOVERNANCE IN INDIA: A SUMMARY OF THE AI GOVERNANCE GUIDELINES R...

Artificial Intelligence ("AI") holds transformative potential for India’s economy and society. However, this power also brings legal, ethical, and regulatory challenges that necessitate a comprehensive governance framework. The "Report on AI Governance Guidelines Development" ("Report") outlines India’s roadmap for addressing these challenges through a legally sound and inclusive approach. ...

Trademark Tussle: Wipro & Himalaya Fight Over EVECARE

The Delhi High Court restrained Wipro from using the mark ‘EVECARE’ for women’s hygiene products after Himalaya filed a passing off action. The case discusses questions around the elements of passing off involving allied/cognate goods, and the relevance of the NICE system of classification of trademarks in such actions. ...

Examining the Draft Digital Personal Data Protection Rules, 2025

On January 3, 2025, the Ministry of Electronics and Information Technology ("MeitY") notified the draft Digital Personal Data Protection Rules, 2025 (the "Draft Rules") under the Digital Personal Data Protection Act, 2023 (the "Act"). The Draft Rules aim to operationalize the Act by laying down the rules and standards necessary for the implementation of the same. ...

Examining the Draft Bill on Unregulated Lending Activities in India

On December 13, 2024, the Ministry of Finance introduced the Banning of Unregulated Lending Activities (Draft) Bill ("Bill"). This Bill was based on a report submitted by the Reserve Bank of India's ("RBI") working group on digital lending. The Bill envisages the banning of all lending entities that are: (a) not authorized by the RBI or other regulators; and (b) not registered under any other law to undertake a public lending business activity. . . .