Central Government issues directions to National Biodiversity Authority for enhancing implementation of the Biological Diversity Act, 2002 in pending matters

Recently, the Ministry of Environment, Forest and Climate Change, Government of India has vide an Office Memorandum dated 10th September 2018 issued directions, under section 48 of the Biological Diversity Act, 2002 (‘Act’) to the National Biodiversity Authority (NBA / Authority) for enhancing implementation of the Act. Continue reading “Central Government issues directions to National Biodiversity Authority for enhancing implementation of the Biological Diversity Act, 2002 in pending matters”

Indian Singers Rights Association (ISRA) registration as a Copyright Society renewed for 5 years

The registration of the Indian Singers Rights Association (ISRA) as a Performer’s Society (Copyright Society) has been renewed for a period of 5 years with effect from 14th June 2018. Continue reading “Indian Singers Rights Association (ISRA) registration as a Copyright Society renewed for 5 years”

Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute

In an interesting update in the on-going dispute between Khadi and Village Industries Commission (KVIC) and Fabindia, earlier this week Fabindia gave an undertaking before the Bombay High Court that it is not presently using the word ‘Khadi’ and in the event it is desirous of using the word ‘Khadi’ in future it shall give four weeks written notice to KVIC. The Court accepted the undertaking and disposed of KVIC’s application seeking injunction order be passed by the Court, prohibiting Fabindia from using the term khadi to sell its products. Continue reading “Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute”

Delhi High Court sets interesting precedent to still nascent domain of SEP & FRAND in India

The Plaintiff had filed two suits for infringement of their essential DVD video player patent. The component patent in the subject matter of both the suits is the Channel (De)-coding technology used for DVD Video Playback function in a DVD video player. It is claimed that the Plaintiff is the registered proprietor for “Decoding Device for converting a Modulated Signal to a series of M-Bit Information Words”. The invention concerns ‘channel modulation’ which involves a coding step that is performed directly before the storage of the data. Continue reading “Delhi High Court sets interesting precedent to still nascent domain of SEP & FRAND in India”

Stakeholders meeting held at IPO

A meeting of select IP professionals and practitioners was held at Intellectual Property Office, Delhi in presence of Secretary – DIPP Mr. Ramesh Abhishek, Joint Secretary Mr. Rajiv Aggarwal, Controller General Mr. O P Gupta and Sr. Joint Controller Dr. K. S. Kardam on 03 August 2018. Continue reading “Stakeholders meeting held at IPO”

A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class

In present case, the respondent had adopted the device mark “NANDINI” in 1985 for selling milk and milk products. The mark was registered in Class 29 and 30. The appellant on the other hand adopted similar device mark in 1989 for its restaurant business and applied for the mark in respect of various foodstuff items sold by its restaurant. The logo of both the marks is given below for clarity. Continue reading “A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class”

Delhi High Court Passes John Doe Order in favor of PepsiCo’s brand ‘KURKURE’

In an on-going case in the Delhi High Court, PepsiCo has sought permanent injunction against Facebook, Instagram, YouTube, Twitter and Google to take down/ remove/ block a list of URLs / web links which contain a video disparaging PepsiCo’s brand KURKURE. In the video, KURKURE is claimed to be made out of plastic and to prove the same, the snack is being burnt so that it melts, and compelling the audience to believe that it is, indeed, made out of plastic. The company has constantly replied to tweets, posts and such links in order to break through the stereotype of KURKURE being made out of plastic, but having failed to do, have brought the case to the court. Continue reading “Delhi High Court Passes John Doe Order in favor of PepsiCo’s brand ‘KURKURE’”

Union Cabinet finally approves India’s accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996

Via a press release dated 4th July 2018, published by the Press Information Bureau, it has recently been announced that the Union Cabinet had approved the proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry Continue reading “Union Cabinet finally approves India’s accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996”