Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011
Mrinal Gour, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. This was a landmark judgment with respect to registering a numeral as a trademark. Sections involved: Section 29 of Trademark Act, 1999 which talks about infringement of registered trademarks. It states the scenarios where […]
IIPRD Offers 6 months Online Certificate Course
IIPRD (Institute of Intellectual Property Research and Development) offers a Six Months Certificate Course on “Patent Portfolio Creation & Management”, which is continually ongoing since 2009 and has successfully enrolled over 300 students in the last 3 years. The course is an online distance learning course, making it especially very effective for working professionals, who […]
Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001
Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection of […]
The Copyright Amendment Bill, 2011: Proposed Impact on the Film Industry in India
With the recent developments in the Copyright Act and with the Rajya Sabha very recently passing the proposed amendments in the Copyright Act, 1957, we thought of aggregating the major issues with the current version of the Act and the proposed changes in the Act, and how such changes might impact the overall rights of […]
Question of claim amendments by patentee in India
We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further, this Article would examine as to when and when not the patent amendment should be allowed during the pendency of patent infringement suit. The Author, in the end, presents a hypothetical case to […]
Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?
INTRODUCTION For harmonizing IPRs at the international level, providing a common forum for negotiation and resolving disputes between members state we need a single global institution. Earlier WIPO was the main forum for international negotiations of IPR and then WTO implemented the TRIPs agreement came and become the main forum replacing WIPO. Both these institutions’ […]
ESPN Software India File FIR Against Varnam Cable Network (Kerala)
ESPN Software India, the sole licensee of TV channels ESPN, Star Sports and Star Cricket in India, has filed an FIR against Mr. Pradeep.P, representing Varnam Cable Network (a franchise of Asianet Satellite Communications Ltd.) in Konni, Kerala under the Indian Copyright Act 1957. The cable network was alleged to be illegally broadcasting unauthorized feeds […]
Inventors – All Technologies Are not Worth Billions
Working in the IP/Technology Commercialization and Out-Licensing domain makes you assess and evaluate the commercial viability of numerous IP backed inventions across technology domains. Apart from learning about and assessing new technologies, we also tend to learn quite a lot about Inventors’ mindset, specifically about their perspective of their own inventions. This article relates to […]
With newly amended Design rules, will India keep up the pace with other global countries?
The Indian Design Act 2001 with some significant changes incorporated in the Amendment Rules, 2008 is serving its purpose well to keep pace with the rapid changes in the technology and international developments. In view of the globalization of the economy, India is becoming a major hub in the field of industrial designs and Indian […]
Indian Granted Patends…Enforceable?
The Indian Patent Act, 2005, like for most other geographies, does accord to and follow the disclosure guidelines put forth by the TRIPS and has similar Patentability grounds, especially for non-Pharmaceutical subject matters, in which the contention over 3(d) leads to a different interpretation over efficacy grounds. Furthermore, special provisions such as those provided under […]