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Tag: Patents

August 6, 2021
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Designs Database goes Digital: Designs E-Register now a...

The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ......
December 17, 2020

Essenese Obhan ranked by Chambers & Partners

Essenese Obhan, Managing Partner of Obhan & Associates has been ranked as an individual lawyer in Chambers & Partners 2021 Link: Link: https://chambers.com/lawyer/essenese-obhan-asia-pacific-8:394334 ...
November 19, 2020
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Ideas made public may not be patentable

Have you launched your Startup? Have you blogged about your product or your offering extensively? Have you made videos or tutorials about your product and shared it on YouTube®? If you answered any of these questions with a “Yes!”, then chances are that you may have unknowingly lost your opportunity to patent your ideas. ... ...
July 6, 2020
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Best Practices for Drafting Dependent Claims in India

Patent claims are the most important part of a patent application, for they define the invention for which the Patent Office has granted protection. Patent claims identify what the patent does and does not cover....
May 6, 2020
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USPTO denies Inventorship to Artificial Intelligence

On April 22, 2020, the United States Patent and Trademarks Office (the “USPTO”) issued an order  refusing inventorship of a patent application to DABUS, an Artificial Intelligence (AI) machine. This decision, which broadly appears to align with the position being taken in Europe and the United Kingdom with regard to the same invention, is likely to have a significant impact on the future of patenting, at least until there are statutory amendments to the contrary, or until it gets overturned for any reason....
November 13, 2019
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IPO’s focus on drug patents part of a larger positive t...

In a world where science and technology evolve at an exponential pace, it is essential that the institutional systems that support the evolution of these industries also keep up with the pace. But the Indian patenting system has been often criticized over the years for its slow and long drawn out processing time. This processing pace naturally affects the quality and quantity of applications as well, and it is possible that foreign innovators or entities may be losing interest in filing for patents in India for this reason....
October 7, 2019
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Proposed reduction in IP application fees for MSMEs

Micro, Small, and Medium Enterprises (MSMEs) are key drivers of economic growth, and the Government of India has been especially cognizant of their demands and concerns, by supporting and encouraging startups and MSMEs through various schemes and incentives introduced from time to time. ...
August 22, 2019
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Protecting IP across Border through Customs

Intellectual Property (IP) not only safeguards just ideas or concepts but protects genuine business assets that are integral to the core services of the business. Obtaining proper IP protection is critical and can make or break a business. The need to protect IP rights across borders has emerged as a significant issue....

PROTECTING FOREIGN INVESTORS: A FINE BALANCE

In a recent judgement, the Supreme Court ("SC") emphasised on the importance of protecting foreign investments while upholding the rule of law which states that a person is innocent until proven guilty. ...

Served or received, that is the question: an Indian trademark dilemma resolved

In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ...

SELF REGULATION IN THE DIGITAL AGE: INDIA’S NEW SELF REGULATORY FRAMEWORK FOR INFLUE...

In recent years, there has been a rapid expansion in the influencer marketing landscape in India, where social media influencers promote products and services across various platforms. This surge has led to challenges surrounding transparency, accountability, and consumer protection. ...

HYPERLINKING A DEFAMATORY ARTICLE: DEFAMATION OR NOT?

In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ...

SEBI’s proposed amendment may allow start-up founders to retain ESOPs even after IPO...

The Securities and Exchange Board of India (“SEBI“) issued a consultation paper dated March 20, 20251 (“Consultation Paper“), proposing certain amendments to the SEBI (Share Based Employee Benefits and Sweat Equity) Regulations, 2021 (“SBEB Regulations“), and inviting comments from the public on the same. ...

The Ghibli Effect: Blurring the Lines between Creativity and Copyright

The Ghibli-style trend sweeping through social media has raised key questions around copyright infringement, as discussed in this note. ...

Understanding the Consequences of Negligence in Patent Practices in India

The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ...

Beneficial Ownership Disclosure: Navigating Compliance Challenges in India

In today's world, transparency in business ownership is no longer optional—it is essential and moreover mandatory. The increase in economic crimes such as money laundering, tax evasion, and misuse of corporate structures has prompted regulators around the globe to tighten disclosure norms. ...

The RBI Updated Master Directions on Foreign Investment for 2025

On January 20, 2025, the Reserve Bank of India ("RBI") introduced significant updates to its master directions on foreign investment in India ("Master Directions"). This move aims to provide clarity on various regulatory aspects, particularly concerning downstream investments by Foreign-Owned or Controlled Companies. ...