01 January 0001

IPR Amicus: March 2016


Stay of proceedings in an infringement suit and challenging validity of a registered trademark -

Can proceedings for rectification before the Intellectual Property Appellate Board be initiated without the permission of the Court trying the infringement suit? The Delhi High Court recently held that prior permission of the Court is not necessary. Access to IPAB to invoke its exclusive jurisdiction to test the invalidity of a trademark registration is not precluded or barred in any manner…


Statutory Updates

  • Patent office issues new guidelines for examination of Computer Related Inventions (CRI)
  • Electronic Transfer Facility for PCT Applications to be operationalised from 1-4-2016
  • Patent office to try resolution by mediation in cases pending before Registrar of Trade Marks


Ratio decidendi

  • IP cases to be heard by Commercial Division, irrespective of value — Delhi High Court
  • Prominent display of trademark not enough to rule out deception by similar packaging — Delhi High Court
  • Person aggrieved’ is a term of wide amplitude — Delhi High Court


News Nuggets

  • Copyright Board — Delhi High Court directs appointment of Chairman
  • Indian Patent Office releases discussion paper on ‘Standard Essential Patents and their availability on FRAND terms’


March, 2016/Issue-56 March, 2016/Issue-56

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