17 April 2013

IPR Amicus: October 2012

Delhi High Court's decision recognising international exhaustion of trademarks as per Trade Marks Act, 1999 is the highlight of this issue. The article discusses parallel importation and 'market' as interpreted by the court. The case law section contains another important decision of the Delhi High Court on broadcast rights. IPAB orders on restoration of lapsed patent and the decision in case of ‘Xerox’ on a trademark being protected against becoming generic by continuous use. Two decisions of the patent office on revocation and grant of patent highlighting importance of experimental data are covered in the News Nuggets section.

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