01 January 0001

IPR Amicus: June 2016


A Practical Approach to Fulfilling Section 8 Requirements -

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 outside India. The obligations under Sections 8(1) and 8(2) are different. Obligations under Section 8(1) are triggered by external events, but obligations under Section 8(2) are triggered by the Controller’s requisition for information pertaining to related foreign applications. In the light of amended Patent Rules by which the time limit for placing the application in condition for grant has been reduced to six months from the date of the FER, applicant(s) may now consider filing, when possible, the Section 8(2) information along with the response to the FER within six months of the date of the FER …


Ratio Decidendi

  • Disparaging advertisement – Colour of the product is most prominent in a short video advertisement and not minute difference of shape of product – Delhi High Court grants interim relief
  • Trade mark infringement – Madras High Court awards damages
  • Trademark – Acquiescence requires overt action encouraging use of rival mark – Delhi High Court


Statutory Updates

  • Expedited examination - Number of requests limited to 1000
  • Guidelines issued for facilitators and start-ups for processing applications for patent, trademarks and designs


June, 2016/Issue-59 June, 2016/Issue-59

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