Intellectual Property

The Delhi High Court restrained Wipro from using the mark ‘EVECARE’ for women’s hygiene products after Himalaya filed a passing off action. The case discusses questions around the elements of passing off involving allied/cognate goods, and the relevance of the NICE system of classification of trademarks in such actions. ......

A unique requirement in Indian patent law requires patentees and licensees of granted patents to file statements as to whether their patented inventions are being worked on a commercial scale in India. The format for this ‘Statement of Working’ (SOW) is contained in Form 27 of the Indian Patent Rules, 2003. ... ...

WIPO members, including India, recently signed a new Design Law Treaty at Riyadh, which harmonises design protection processes globally, and introduces a standardised framework for design registration. This note discusses key provisions of the treaty and its implications for the future of Indian design law. ......

The Indian government has notified amendments to the Indian Trade Marks Act, 1999, which decriminalises minor offences and revises penalties, and also introduces an adjudicating mechanism. These amendments came into effect from 1 August 2024. ......

The Indian government has notified amendments to the Indian Patents Act, 1970, which decriminalises minor offences and revises penalties. These amendments go into effect from 1 August 2024. ... ...

The Delhi High Court has held that effacement of trademarks from refurbished or resold goods would amount to impairment, even if international exhaustion is at play. However, resale may be valid and permissible if refurbished goods are offered for sale with full and proper disclosure, as per terms laid down by the court. ......

The Bombay High Court recently held that visual appeal is the ultimate test of a valid design, and that combining old integers into a form that creates a different visual appeal than its parts is also capable of qualifying as a design that is new and original. ......

Bombay High Court clarifies that patent applicants must provide substantive and complete responses to first examination reports, in order to meet the compliance requirements under Section 21(1) of the Patents Act, and to avoid the application being deemed abandoned. ...

Businesses tend to prioritise securing their rights in their primary jurisdictions of operation, and / or jurisdictions that are strategically advantageous. This applies across all aspects of operation, whether it is incorporation, tax residency or even intellectual property (IP). The challenge with the latter is that some types of IP are jurisdiction-specific. ......