Public disclosure of the invention is safer than a secret use: Loopholes in the patent law
Secret use of an invention before filing a patent application could amount to public use and such public use of the invention would be beyond […]
Trademarkability of “.com” marks with generic terms
We often argue that generic words can’t be trademarked because it tends to be used in the same industry by the other proprietors to refer […]
US Copyright Laws vs. EU Software Directive: The Unending Saga of SAS and WPL
A three judges bench of the United States Court of Appeals, Fourth Circuit has rightly said that “the area of software copyrights is a murky […]
Doom’s Day- An End to 150 years of Good yearicism
USPTO v. Booking.com[1]This post is in continuation to our previous posts covered here and here. The day has come and the SCOTUS (Supreme Court of […]
Genuine Artistic Motive Wins Over Trademark Infringement Allegation
The right to Freedom of speech in general enables us to express ourselves freely in different forms. Trademark law, on the other hand, protects the […]
Calling for a CONscious use of the “Well-Known” Mark ISKCON
On 6th March 2020[1], the Single Bench of the Bombay High Court led by Hon’ble Mr. Justice B.P Colabawalla, granted an ad-interim injunction in favour […]
How the addition of “.com” to a generic word, can be protectable under US trademark law
USPTO v. Booking.com B.V[1] As my colleague, in his article “Trademark Incapacity Doctrine or Primary significance test: Which favours Generic mark to be recognized as […]
Monsanto’s patent took its last breath, undetermined if it was a patent or plant variety
The present blog pertains to the landmark fight over Monsanto’s Bt. Cotton technology. It is not yet finalised whether the subject invention was a patentable […]
Broadcasting Woes: Hired Cars & Radio (EU & Indian Perspective)
This post is written in co-authorship by Ms. Riddima Sharma and Ms. Amshula Chauhan. The Court of Justice of European Union (CJEU) in a recent […]
Geographical Indication (GI) tags of Kerala
Kerala, a south-western state of India, situated on India’s tropical Malabar Coast, has nearly 600km of Arabian Sea shoreline. Popular by the name “God’s Own […]
Brexit and Unitary patent in the EU: An analysis of what has happened so far.
Failure of the first attempt to establish a unitary patent system Since the conclusion of The European Patent Convention in 1973, there have been several […]
Stripping Away Abstraction to find Adaptation
From Lord of the Rings to Life of Pi to Shawshank Redemption, we have all time and again enjoyed these movies that were wonderful adaptations […]
A case of a permanent injunction filed by one patentee against another patentee
What we usually discuss in patent classes is about enforcement of the patent rights by the patentee against any person under Section 48 of the […]
Geographical Indication Tags of MIZORAM
Geographical Indication Law [Geographical Indications of Goods (Registration and Protection) Act, 1999] protects the traditional culture and benefits the artisans, weavers, craftsmen socially as well […]
The pecuniary jurisdiction of courts in IPR disputes
Mr. Nosy Parker is an artist who creates interesting posters at his leisure. Recently, through one of the groups on facebook, he saw an attractive […]
Geographical Indication (GI) Tags of ODISHA
Odisha was secured with the much-awaited GI Tag on “RASAGOLA” on 29th July 2019 [Certificate]. The application for ‘Odisha Rasagola’ was filed by the Odisha […]
Pitbull yells out a trademark for himself! How Trade marking sounds have come a long way.
The jurisprudence of trademark laws, all around the world, has categorized a sound mark as a non-conventional trademark. It is usually seen as a trade […]
WIPO PROOF: An online tamper-proof wallet to record trade secrets and other intellectual assets
On May 27, 2020, WIPO launched a service that would provide evidence of the existence of intellectual assets at a specific point in time. This […]
Fast track patenting in India: An overview of IPO-JPO Patent Prosecution Highway (PPH) Pilot Program
Fast track patenting in India is slowly becoming a trend now. Starting with a first set of initiatives to fast track examinations of patent applications […]
Monkeying around with IP
We know that humans, as well as other legal entities, are entitled to claim proprietary rights over tangible as well as intangible things. They are […]