With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court

The President of India has promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 on 04 April 2021 (“Ordinance”). The Ordinance has been brought to effect immediately.

In the context of Intellectual Property Laws, the present Ordinance has omitted references to “the Appellate Board” and substituted the same with the words “High Court” as applicable under the following statues:

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Absolute extension of deadlines in view of COVID-19 withdrawn – Deadlines are effective from 15 March 2021

The Hon’ble Supreme Court of India had previously by their order dated 27 March 2020 had extended all deadlines for legal matters since 15 March 2020 till further order. Now, in view of changing scenario with regards to COVID19 in India, the Hon’ble Court via their order dated 08 March 2021 has now decided to end absolute extension of legal deadlines.

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IPR Workshop at NABI, Mohali

Dr. Ramesh Kr. Mehta of Mehta & Mehta Associates (MehtaIP) was recently invited by National Agri-Food Biotechnology Institute (NABI) to speak on “Innovation in Biotechnology: Perspective of Patent Attorney” and interact with NABI and Center of Innovative and Applied Bioprocessing (CIAB)’s scientists on IP related Matters as part of their IPR Workshop held at NABI, Mohali. A few glimpses of the interactive session with NABI and CIAB’s scientists:

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Announcement – Recognition by ‘Legal 500’

We are pleased to share that Mehta & Mehta Associates (MehtaIP) has been listed by The Legal 500 (Legalease) in the Legal 500 Asia Pacific rankings 2021 as Leading Firm and our members Dr. Ramesh Kr. MehtaAnkush MehtaAbhilasha Niroola and Akshay Mehta have been listed as Recommended Lawyers in the Legal 500 Asia Pacific rankings 2021.

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Artificial Intelligence (AI) as an Inventor: Indian Perspective

The domain of Artificial Intelligence (AI) is rapidly advancing and finding new utility frequently. It continues to overhaul on how to approach and solve problems in a wide variety of fields.

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Paving the Way for VOLVO’s Journey of Prevention

In an order seen as reinforcing brand owners’ faith in the trademark protection afforded by India’s courts for trademarks, foreign automaker Volvo suspended the defendant from using the VOLVO trademark online.

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Court Finds No ‘Magic’ in Noodle War

The Madras High Court recently denied a plaintiff monopoly rights over the expression “Magic Masala,” reinforcing the notion that exclusivity cannot be claimed over words which are common to the trade. It also highlighted the importance of choosing brands and marks wisely before promoting them since non-distinctive and inherently weak marks are difficult to enforce against use by others.

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Dettol Halts Sale of Infringing COVID-19 Product

A recent case in the Delhi High Court provided another good example of how the COVID-19 pandemic is creating new challenges for brand owners, highlighting the importance of safeguarding brands against infringement. Continue reading “Dettol Halts Sale of Infringing COVID-19 Product”

‘Formerly Known As’ Does Not Bypass Infringement

A recent case in India set an interesting example for brand owners looking to change their trade names in view of risk of potential trademark infringement and also highlighted prompt action by Indian courts in injunction matters. Continue reading “‘Formerly Known As’ Does Not Bypass Infringement”