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Archives

A consolidation of our insights and newsletters on a variety of subjects.

April 2013

Trademark – IPAB relies on twin test of prior use and confusion

Granting a break to Nestle, the Indian Intellectual Property Appellate Board (IPAB) has allowed their application for registration of mark “Kit Kat” used in respect of ­­wafer chocolates and cereals while denying same to M/s. Kit Kat Foods India Ltd.

April 2013

Foreign filing license - A must know requirement

At times an applicant, i.e., a company or an individual may decide to file a patent application directly in a foreign country or as an international application under PCT other than in India, without first filing a patent application in India due to various reasons.

April 2013

Advocating the case for patent agents

In the recent decision on Novartis’ case, the Supreme Court of India observed that scope of a patent claim should not be determined by artful drafting by skilful lawyers.

April 2013

International exhaustion in copyright

Even as the dissenting judges voiced their reservations, the US Supreme Court recognised the principle of international exhaustion in the case of Kirtsaeng, DBA Bluechristine v. John Wiley & Sons. 

April 2013

Foreign Trade Policy annual supplement 2013 released

Annual Supplement to India’s present five year Foreign Trade Policy 2009-14, for facilitating and regulating exports and imports, has been announced today (18-4-2013).

April 2013

Pandal or shamiana service is not transfer of right to use goods

Activity of providing pandal and shamiana along with erection thereof and other incidental activities do not amount to transfer of right to use goods.

April 2013

Steel poles for outdoor lighting classifiable as steel structures

Steel poles or columns for lamp posts for outdoor lighting purposes are classifiable as steel structures and not as parts of lamps or lighting fittings.

April 2013

Arrest under Customs laws – Some recent changes

Arrest provisions under various civil laws have always acted as good deterrence against different kinds of offences.

April 2013

Supreme Court rejects patent for new form of known pharma product

The Supreme Court of India in its recent judgment has upheld the denial of patent for the beta crystalline form of the chemical compound ‘Imatinib Mesylate’, a therapeutic drug for chronic myeloid leukemia.

April 2013

Investment allowance eligibility when composite technology used

In a recent order the Delhi High Court took a closer look at technology, its application and treatment of consideration received [Grasim Industries Ltd v. GOI, Order dated 7-3-2013].

April 2013

Football pants, jerseys classifiable as apparel and not sports equipment

The US Court of International Trade has held that football pants, jerseys and girdles containing interior sleeves specifically designed to hold in place pads and other protective articles, but imported without these padding, are classifiable as articles of apparel under Chapter 61 or 62 of Harmonized Tariff Schedule of the United States (HTSUS) and not under Chapter 95 as sports equipment.   

March 2013

US Supreme Court rules on infringement in case of lawful importation

In its decision dated 19-3-2013 the US Supreme court granted relief to a student who had arranged for certain textbooks to be purchased in Thailand and shipped to him and had later sold the same within the United States [Kirtsaeng, DBA Bluechristine v. John Wiley & Sons, Inc]

March 2013

Cancellation of registered design – Is prior registration abroad a valid ground?

Like any other Intellectual Property Right, industrial design registration protects  the rights of the proprietor in his ‘registered design’.

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