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”
Category: Abhilasha Niroola
Christian Louboutin’s famous ‘Red Sole’ slips on the provisions of the Trade Marks Act of India
The Delhi High Court recently dismissed the suit filed by International Luxury Shoe Designer Christian Louboutin against Defendants, who carry their business at two Continue reading “Christian Louboutin’s famous ‘Red Sole’ slips on the provisions of the Trade Marks Act of India”
STEPS BY IPO – PROGRESSIVE INITIATIVES
The Indian Patent Office [IPO] has been tirelessly working over past few years to streamline patent process, clear backlog and become user friendly. Continue reading “STEPS BY IPO – PROGRESSIVE INITIATIVES”
Copyright Office receives application for a new Copyright Society for Sound Recording works
Vide a public notice dated 22 May 2018 issued by the Copyright Society, it was announced that the Recorded Music Performance Limited (RMPL) had applied on 26 March 2018 for registration as a Copyright Society under section 33 of the Copyright Act, 1957 in respect of Sound Recording works. Further, Copyright Office has also called for any objections Continue reading “Copyright Office receives application for a new Copyright Society for Sound Recording works”
Post carefully – Delhi High Court acknowledges copyright in Photos on Facebook
In a recent matter, the Delhi High Court has in a suit for permanent injunction filed by Plaintiff, Fairmount Hotels Pvt. Ltd., against Defendant, one Mr. Bhupendra Singh, recognized copyright in the photographs uploaded on Facebook. Continue reading “Post carefully – Delhi High Court acknowledges copyright in Photos on Facebook”
Exercising jurisdiction over a non-resident defendant, Delhi High Court grants generous compensation in infringement of well-known trade dress
The Hon’ble Delhi High Court has passed an injunction order against lookalike chocolates being packaged under the trade name “Golden Passion” and in favor of well-known trademark/trade dress FERRERO ROCHER chocolates. The present case was for trade-dress infringement against the Defendant who ran the business of importing chocolates in a similar packaging under the trade name – “Golden Passion” from China. The Chinese manufacturer, along with the present suit, was also in contempt of an injunction order passed by the Delhi High Court in 2014 wherein the manufacturer was restrained from selling or manufacturing any product with a similar trademark or trade dress as that of FERRERO ROCHER. Continue reading “Exercising jurisdiction over a non-resident defendant, Delhi High Court grants generous compensation in infringement of well-known trade dress”
Indian Court acknowledges trade dress of Ferrero Rocher #TradeDress
Recently, a High Court in India has granted a decree of permanent injunction in favour of FERRERO ROCHER chocolate specialist against the Defendants who were dealing with confectionary and look alike product ‘D-Lizie’. Continue reading “Indian Court acknowledges trade dress of Ferrero Rocher #TradeDress”
Section 3(i) of Indian Patent Act – touching on non-patentability, exceptions & grey areas!
Patentability of methods for treatment has been objected under multiple jurisdictions. Similarly, the provision of section 3(i) of the Indian Patent Act, 1970 prohibits grant of Patent to any invention relating to “any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.” Continue reading “Section 3(i) of Indian Patent Act – touching on non-patentability, exceptions & grey areas!”
Revised Guidelines for Computer Related Inventions and Patentability under section 3(k) of The Patents Act of India
The Indian Patent Office (IPO) has recently released another set of guidelines (‘Revised Guidelines’) on how to deal with section 3(k) of the Patents Act, 1970 (as amended) (‘Act’) of India particularly clarifying examination of Computer Related Inventions (‘CRIs’) thereby overriding the previous guidelines published in February 2016, (‘Previous Guidelines’). Continue reading “Revised Guidelines for Computer Related Inventions and Patentability under section 3(k) of The Patents Act of India”
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