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From Distinctiveness to Genericide: Avoiding Trademark Ruin
The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ...
Extraordinary exceptions to deadlines at the Indian Patent Office
When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ...
Bollywood’s Sholay Still Reigns Supreme: Protecting Film Titles in India
Cinema is a way of life in India, and the one film that epitomizes this national obsession is Sholay. Released nearly half a century ago, Sholay is a genre-defining film, whose appeal transcends all boundaries of geography, language, ideology, and class, and that established standards for what we now call “masala” blockbusters. ...
Filing Trademarks in India: From Application to Renewal
Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ...
Of “Unspecified value” no longer: A judicial knell for forum shopping in IP suits
The forum for adjudicating commercial suits in India is governed by the Commercial Courts Act, 2015 (“CCA”), where cases are heard by courts at different levels depending on the valuation of the suits. Lesser-valued cases are heard by courts lower in the judicial hierarchy and fall outside the direct scrutiny of the CCA, thus being subject to relatively lower regulation. ...
Narrowing the Field: Selection Patents and Purposive Selection in India
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. ...
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. ...
A Moment to Remember: Personality rights, Moment marketing and the Olympics
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. ...
Designs Database goes Digital: Designs E-Register now available online
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. ...
To Litigate or Arbitrate, a “Heroic” Dilemma
As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ...
Articles
The legal landscape surrounding corporate disputes in India underwent a significant transformation with the enactment of the Companies Act, 2013 ("Act"). Section 430 of the Act delineates the exclusive jurisdiction of the National Company Law Tribunal ("NCLT") and the National Company Law Appellate Tribunal ("NCLAT"), prohibiting civil courts from adjudicating matters falling within the purview of these tribunals. ...
On March 22, 2024, a 3 (three) judge bench of the Supreme Court passed an order reiterating the importance of freedom of speech and expression, granted by Article 19(1)(a) of the Constitution of India, in relation to articles published by media platforms.
The Ministry of Corporate Affairs set up the Committee on Digital Competition Law ("Committee") on February 6, 2023 in order to evaluate the need for an ex-ante regulatory mechanism for digital markets in India, reviewing the current provisions of the Competition Act, 2002 ("Competition Act"), assessing whether they are sufficient to deal with challenges that have emerged from the digital economy, and evaluating whether a separate legislation to regulate digital markets is needed. ...
The Ministry of Electronics and Information Technology ("MeitY"), on March 1, 2024, issued an advisory for all intermediaries under the Information Technology Act, 2000 ("IT Act") and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"). ...
The Ministry of Commerce and Industry has, on March 15, 2024, notified the Patents (Amendment) Rules, 2024 to amend the Patents Rules, 2003 (“Amended Rules”), making significant changes to Indian patent practice and procedure. The Amended Rules have already come into effect from the date of publication, i.e., March 15, 2024. ...
On February 2, 2024, the Ministry of Corporate Affairs ("MCA") issued a notification to establish a Central Processing Centre ("Centre") with territorial jurisdiction throughout India in IMT Manesar, Gurgaon. This notification came in force on February 6, 2024 and was issued pursuant to Section 396 of the Companies Act, 2013 ("Act"), which empowers the Central Government to notify offices for the purposes of registration of companies under the Act. ...
The Ministry of Information and Broadcasting ("MIB") amended and notified new provisions of the Cinematograph (Amendment) Act, 2023 on August 4, 2023. To enable such provisions the MIB has introduced the draft Cinematograph (Certification) Rules, 2024 ("Draft Certification Rules") and invited comments on the same.
On February 21, 2024, the Union Cabinet made a historic stride by sanctioning a groundbreaking revision to India's Foreign Direct Investment Policy ("FDI Policy") in the space sector. This pivotal decision marks a significant departure from India's traditional stance, signaling a bold shift towards leveraging private investment and expertise to drive the nation's space aspirations forward. ...
The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations"), which provide for detailed provisions for effectively regulating the insolvency resolution process for corporate persons, have been amended vide the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. ...
In a continuation of the long-drawn out big ticket litigation between PepsiCo and potato farmers, a Division Bench of the Delhi High Court in January 2024 reversed an earlier decision that had revoked the multinational’s registration of potato variety FL2027, which it uses to make the iconic Lays chips. ...
The success of a business depends on various elements, including its brand. Commonly understood as just the name and logo, “brand” has a deeper meaning, incorporating many factors that feed into the consumer experience offered by the business. A successful brand strategy leverages brand identities to create imagery that prompts instant recall in consumers’ minds. ...
Among the many exclusions to patentability, the Indian Patents Act, 1970 (“the Act”) also excludes “diagnostic methods” under Section 3(i). But the term itself has been applied inconsistently by the Indian Patent Office (“IPO”). This note discusses a recent decision of the Madras High Court on the interpretation of this term and its implications on related patent applications. ...
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News and Features
- FeaturedCharul Yadav, Sneha Agarwal and Sapna Sharma have co-authored the Life Sciences 2023 Law & Practice and Trends & Developments – India chapter for CHAMBERS AND PARTNERS’ GLOBAL PRACTICE GUIDES
- FeaturedAn insightful viewpoint by Mehak Dhingra on ‘Is it lawful to revive lapsed or dormant well-known trademarks?’ was featured on Bar & Bench.
- FeaturedCharul Yadav, Sneha Agarwal, and Sapna Sharma contributed to the ‘Law and Practice‘ chapter (India) in Chambers Life Sciences 2022 Global Practice Guide.
- FeaturedThe Use Of NFTs In The Music Industry: An interesting article written by Ashima Obhan and Shuchi Dutta, published by LiveLaw
- FeaturedSocial Media Platforms & Their Future under Proposed Data Protection Laws: An interesting article written by Ashima Obhan and Anubhav Chakravorty, published by LiveLaw
- FeaturedEssenese Obhan has been featured in IAM Global Leaders 2022, which showcases conversations with some of the world’s top private practice experts in the field of patents.
- FeaturedAntitrust Enforcement In Digital Markets: CCI On Interim Reliefs: An interesting article written by Ashima Obhan and Samridhi Poddar, published by LiveLaw
- FeaturedThe Development Of Corporate Criminal Liability In India: An interesting article written by Ashima Obhan and Anubhav Chakravorty, published by LiveLaw
- FeaturedCharul Yadav, Sneha Agarwal, and Sapna Sharma contributed to Chambersa and Partners Medical Devices & Consumer Health Products 2021 Global Practice Guide.
- FeaturedEssenese Obhan’s interview with Managing IP on the creation of the IP division in India – Part 2
- FeaturedEssenese Obhan’s interview with Managing IP on the creation of the IP division in India – Part 1
- FeaturedIndia’s Crypto Quandary: An interesting article written by Ashima Obhan and Seerat Bhutani, published by LiveLaw
- Featured‘In Conversation With Ashima Obhan, Senior Partner, Obhan & Associates’ – published in LiveLaw
- FeaturedWTO ready for talks on proposal to waive patent rights on Covid-19 products
- Featured‘Recognition Of Emergency Arbitration In India’ – written by Ashima Obhan and Shivam Patanjali, published by LiveLaw
- FeaturedSneha Agarwal’s interview with Asia IP on India’s Design (Amendment) Rules 2021
- FeaturedThe Paradox of Finality: Retrospective Revision of Tariffs for a Concluded and Executed PPAAuthored by Ashima Obhan and Shivam Patanjali published The Indian Journal of Projects, Infrastructure, and Energy Law (IJPIEL)
- FeaturedThe WhatsApp Privacy Policy DilemmaAn insightful article written by Ashima Obhan and Bambi Bhalla, published by LiveLaw
- FeaturedLeaving OTT Communication Services To Their Own Devices
- NewsEssenese Obhan ranked as a Distinguished Practitioner for Intellectual Property practice by AsiaLaw 2021 rankings
- NewsObhan & Associates ranked by AsiaLaw 2021 rankings for Media & Entertainment, Pharma & Life Sciences, Corporate M&A and Intellectual Property practices
- FeaturedConsumer Protection In The Digital Age
- FeaturedThe IBC Pandemic: Suspension Of IBC And Other Changes
- FeaturedAshima Obhan’s Interview featured in LiveLaw: “COVID-19 And Its Impact On India Inc”
- FeaturedObhan & Associates Advises Aditya Ghosh On His Investment In CreditEnable
- FeaturedObhan & Associates contributes to Chambers’ Global Practice Guide on Life Sciences 2020
- NewsAshima Obhan has been Highly Commended in the category of Private Practice (Individual) Generational Inclusion Lawyer of the Year at the Chambers Diversity & Inclusion Awards: Asia Pacific 2020.
- NewsEssenese Obhan has been featured as a ‘Leading Individual’ in the Legal 500 Rankings
- NewsObhan & Associates is excited to be ranked as a Tier 2 law firm for IPR practice by Legal 500
- NewsObhan & Associates has been ranked as a Notable Firm for Corporate and M&A practice by Asialaw
- FeaturedReview of the Book on Data Protection Laws Co-authored by Ashima Obhan
- NewsEssenese Obhan has been featured as a ‘Ranked Lawyer’ in Chambers and Partners Asia-Pacific 2020
- NewsObhan & Associates has been ranked in Chambers and Partners Asia-Pacific 2020 for its IP Practice
- FeaturedEssenese Obhan moderates panel on “Challenges in patenting in the ICT sector in India” at FICPI India Round Table, Delhi
- FeaturedTrespassing Prohibited – showcasing in-depth insights on India market by Essenese Obhan
- FeaturedA Realistic Guide To Navigating India’s Gig Economy – with inputs from Ashima Obhan
- FeaturedAshima Obhan: The 10 Powerful Women Business Leaders
- FeaturedData Protection Inside Businesses: The Changing Role of HR Teams
- FeaturedModernizing the Cinematograph Act
- NewsObhan & Associates promotes Charul Yadav to partnership
- NewsIP firm Obhan & Associates promotes LexOrbis returnee Charul Yadav to partner
- NewsGSK Consumer Healthcare to fight case against tech transfer
- NewsSAM, Obhan act on Paytm acquisition of Cube216
- FeaturedProtection of GUIs under the Designs Act
- FeaturedMitteilungen – der deutschen Patentanwalte
- NewsByju’s Announces Acquisition Of TutorVista, Edurite From Pearson
- NewsObhan, ALMT lead on Byju’s acquisition of Pearson’s TutorVista and Edurite
- NewsObhan, ALMT on Byju’s buy of TutorVista and Edurite
- FeaturedImporting plants into India: processes and challenges
- FeaturedMonsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?
- NewsMonsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?
- FeaturedThe Plant Variety Authority and Bt Cotton: A Case of Regulatory Capture?
- FeaturedPatenting in biotechnology – the Indian scenario
- FeaturedClarifying the blurry boundaries of multiplepatents
- FeaturedStriking a balance between patents and competition
- FeaturedHow to make permissible amendments to patents
- NewsProfessional Negligence and Attorney Liability?
- NewsGuest Post: IPAB dismisses challenge to Kibow’s product patent
- NewsUS biotech firm Kibow to enter India after favourable patent ruling
- NewsKibow Biotech Achieves Major Victory with India’s IPAB Decision to Uphold 2009 Product Patent
- NewsIPAB orders in favour of a patent of Kibow Biotech
- NewsObhan & Associates and Avijit Deb act on Ananda Bazar Patrika’s exit from Penguin India
- NewsObhan advises Penguin on Rs 55 cr Indian JV buy-out ahead of Random House mega-merger with Freshfields, Slaughters
- FeaturedSearching for clarity in India’s divisional applications
- NewsALMT & 7-yr-old Delhi firm Obhan bill mPOS start-up Mosambee for $1m SIDBI seed
- FeaturedTrade marks and the media: How to deal with conflicts in print media law
- NewsFT vs TOI: The rest is yet to come
- FeaturedComputer-implemented inventions: Standardising patentability for CIIs
- FeaturedQuestions emerge over working of patents
- FeaturedStrategy in assigning patents
- FeaturedGuest Post on Software Patenting in India
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