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February 2017

IPR Amicus: December 2016

Article

Secrecy directions in designs -

Most of us are familiar with provisions in Patents Law related to secrecy directions on inventions relevant for defence purposes and the security of India. The Designs law also contains similar provisions. However, unlike the Patents Act, the Designs Act provides the proprietor of the design an opportunity to provide arguments or explanation in response to an objection raised under Section 46 in the examination report

 

Ratio Decidendi

  • Fair use to be determined on the basis of justification as regards purpose and not on basis of qualitative or quantitative tests – Delhi High Court
  • Adoption of a common word as label mark – Exclusivity cannot be presumed and should be proved – Bombay High Court
  • Design infringement – Minor variation is not sufficient defence
  • Trademark – No confusion even if marks have equal number of letters, begin and end with same letters

 

News Nuggets

  • UK decides to proceed with ratification of Unified Patent Court
  • Invention of plant or animal obtained by an essentially biological process – EPO stays examination and opposition proceedings

 

December, 2016/Issue-65 December, 2016/Issue-65

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