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IPR Amicus: December 2018


Regularization of non-compliance with the Biological Diversity Act, 2002
By Dr. Deepti Malhotra and Dr. Malathi Lakshmikumaran
India regulates access to biological resources under its national biodiversity strategy and action plan as per Biological Diversity Act of 2002. A number of entities undertake activities for research, commercial utilization or bio survey that require access to biological resources under Sections 3, 4, 6 & 20, but are not aware of the compliance. The Ministry of Environment, Forest & Climate Change released an Office Memorandum on 10-9-2018, providing 100 days to all applicants to regularize past non-compliance. The OM directs National Biodiversity Authority (NBA) to hear all such cases where prior approval under Sections 3, 4, 6 or 20 of the Act was required, but the applicants did not apply or obtain, by filing the requisite forms. The OM gives an opportunity to all the Applicants falling within the purview of Section 3(2) of the Act to get absolved of all the violations that might have been caused due to their past activities...


Ratio decidendi

  • Trademarks – No passing-off of mark REYNOLDS by RORITO – Delhi High Court
  • Cause of action under Designs Act distinct from that in a trademark suit - Delhi High Court
  • Counterfeit goods – E-commerce website when not merely an intermediary - Delhi High Court
  • Registrar of Trademarks should classify Indian Goods & Services – Madras High court


News Nuggets

  • Sampling constitutes infringement of rights of producer
  • Trademark registration for geographical origin be excluded
  • No copyright on taste of food in EU
December, 2018/Issue-87 December, 2018/Issue-87