Lakshmi Kumaran & Sridharan AttorneysAn ISO 9001 / 27001 certified law firm

IPR Articles

Search From Date To Date
Design infringement - Liability of intermediary & Information Technology Act


By Godhuli Nanda

The term ‘intermediary’ in legal terminology and as per the Information Technology Act, 2000 means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, internet service providers, online-auction...

Trademarks - Well-known mark associated solely with the proprietor


By Tulika Pandey

In December, the Delhi High Court granted permanent injunction in favour of Mother Dairy (the Plaintiff) in Mother Dairy Fruit and Vegetable versus S.K. Rahee [see end note 1]. Mother Dairy instituted a suit in 2010 against S.K.Raheem pleading that use of  the logo mark “VINAY MILK” amounts to t...

World famous or not -Trans-border reputation in trade marks


By Kumudavalli Seetharaman

Trans-border reputation as the name suggest means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor the trade mark registered. The general position in India is that trans-border reputation protects global reputation of the goods that have not even ente...

Secrecy directions in designs


By Dipan Banerjee & Dr. Gaurav Gupta

Most of us are familiar with provisions in Patents Law related to secrecy directions [see end note 1] on inventions relevant for defence purposes and the security of India; however, similar secrecy directions are also provided under the Designs Law [see end note 2]. This article highlights the provisions i...

Doctrine of lifting of corporate veil in trademark law


By Rishika Sharath

Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it. Recently, the Karnataka High Court indirectly applied this doctrine in the field of trademark law.

Trade-dress Infringement - It’s all about the looks


By Kumudavalli Seetharaman

The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours. The Delhi High Court, in a rece...

Internet broadcasting companies to come within the ambit of statutory licensing


By Venkata Raghavan

This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act. As is well known, copyright exists in any original literary, dramatic, musical works, sound recordings, cinematograph films, to name of few. No regi...

Controller overreach or common sense? - A tale of Section 83 of the Patents Act

By Dr.Amitavo Mitra

In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.

In this article, we further attempt to explore and ...

Light at the end of the tunnel for Computer-Related Inventions?


By Mukundan Chakrapani

In the May edition of IPR Amicus, we commented on the continued ambiguity in the examination of computer-related inventions (CRIs) by the Indian Patent Office [see end note 1]. Here, we review three recent Controller’s Decisions to highlight that probably, consistency is emerging in the examination of CRIs. We hope th...

A Practical Approach to Fulfilling Section 8 Requirements

By Mukundan Chakrapani
 
Background

Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country ou...

Ambiguous standard for examination of CRIs

By Ankur Garg & Anurit Banerjee

The Indian Patent Office had issued the modified guidelines for examination of Computer Related Invention (CRI) [see end note 1] on 19 Feb 2016. The CRI guidelines propose a framework for assessing patent eligibility of such claims under section 3(k) of the Patents Act, 1970.

Specifically, the CRI guidel...

Product by process claims - A perspective

By Sribindhu Chivukala & Archana V

Introduction

Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application. The legal protection to an invention is based on the claims of the granted patent. Typically, a p...

Page(s) 1 2 3 4 
Please refer 'Archives' section to see older items.
Search People
Search People
Alphabetical by First Name
A|B|C|D|E|F|G|H|I|J
K|L|M|N|O|P|Q|R|S|T
U|V|W|X|Y|Z
Enter at least a name or a keyword to search