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Latest Updates on Trademark Law - 1st August to 8th August, 2021

Latest Updates on Trademark Law – 1st August to 8th August, 2021

Indian Trademark Updates Samsung India Faces Temporary Injunction in Trademark Infringement Suit In a recent decision by the City Civil Court at Bengaluru, technology giant Samsung India, along with its service provider Story Experiences Pvt. Ltd., have been temporarily restrained from using the term “Concierge”.  The suit was instituted by Dipali Sikand, the founder of Lesconcierges Services Pvt. Ltd. and Club Concierge Services (India) Pvt. Ltd., who claimed that she was the first person to introduce concierge services in…

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UPDATED PATENT, TRADE MARK, COPYRIGHT AND OTHER ACTS

Updated Patent, Trade Mark, Copyright and other Acts

Following the ordinance abolishing the IPAB, we updated all relevant intellectual property statutes to reflect the amended provisions. We are hereby sharing  the links to the amended statutes along with word and pdf versions of the Acts in accessible formats. You may read about the changes in different statutes in  the series of posts we had carried earlier at the following links: Patents Act, Trade Marks Act, Copyrights Act, Plant Varieties Act, and Geographical Indications Act. The list below provides links…

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Vitiation of IPAB & consequences on the the GI Act

Vitiation of IPAB and Beyond – Geographical Indications

The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under the following acts: THE CINEMATOGRAPH ACT, 1952 THE COPYRIGHT ACT, 1957 THE CUSTOMS ACT, 1962 THE PATENTS ACT, 1970 THE AIRPORT AUTHORITY OF INDIA ACT, 1994 THE TRADE MARKS ACT, 1999 THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION…

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Tribunals Reforms Ordinance 2021 & Geographical Indications Act, 1999

Tribunals Reforms Ordinance 2021 and changes to the Geographical Indications Act, 1999

The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”.  With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect. Provided below…

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The featured image shows a closed signboard. Th image has been used in consonance with the closure of the Tribunals through TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021

President promulgates Tribunals reforms Ordinance, IPAB goes defunct with immediate effect

The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021 ”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect. The ordinance has…

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Intellectual Property Statistics 2020 (India)

PATENTS A total of 70,924  patent applications were examined in 2020 as opposed to the total of 83,226 patent applications examined in 2019. The total number of grants in 2020 also shot up by as much as 12% in comparison to the total number of grants in 2019. The patent office on an average examined and issued 194 first examination reports (FERs) per day. Particulars 2018 2019 2020 Applications Published 38961 49351 51325 Granted 13813 23257 26309 Examined 81406 83226 70924 INDUSTRIAL DESIGNS 2020 certainly appears to have been a great year for Industrial designs. A total…

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Intellectual Property Statistics 2019 for patents, industrial designs, copyrights, trademarks and geographical indications

2019 Intellectual Property Statistics in India – Up, Up and away!

For many, 2019 appeared to be a tumultuous year, legally and politically, while for others it was a year of radical but welcome changes. The view remains divided. Intellectual Property in India however, appears to have had a reasonably good year saving some deeply tragic losses such as that of IP luminary, Prof. Shamnad Basheer. In this post, we bring to you a recap of the patent statistics from 2019 and a comparison of these numbers with the statistics…

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GI for Tirupathi Laddu: Whose Interests are Protected?

  Original Date of Publication: March 16th, 2010 The Tirumala Tirupathi Devasthanams (TTD) trustees of world’ richest temple on Tirumala Hills secured Geographical Indication (GI) Registration for sacred Laddu Prasadam, from Indian Patent Office, Chennai, recently, raising many eyebrows. It is criticized as its latest manifestation of brazen commercialization of divine abode. Ironically, sacred Tirupathi Laddu now joins the company of goods like Darjeeling Tea, Goa Feni, and Champagne wine etc. What hurts devotees is the way Prasadam is reduced to a…

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The iimage depicts a Tirupathi Laddu

Public Interest or Private Monopoly- The Case of Tirupathi Laddu

This post was first published on August 7th, 2012. In a legal tangle that finally unknotted in late July, the Geographical Indication (GI) of ‘Tirupati Laddu’ has drawn a lot of attention, regards the religious sentiment attached to it. Unlike, Madhubani paintings, Darjeeling Tea or Goa Feni which enjoy the Geographical Indication tag, the roadmap for a GI status to the Prasadam(The ‘Tirupathi Laddu’), the temple being managed by Tirupati Tirumala Devasthanam was not a sweet path to reckon with.…

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The image depicts a tea estate in Darjeeling.

‘Darjeeling’ is Not Owned by Tea Board

This post was first published on 19th September 2011. Tea Board, India v. I.T.C. Limited Decided by CALCUTTA HIGH COURT on 24th August, 2011 Facts The plaintiff is an autonomous, non-profit statutory body and was established by the Government of India for the purpose of controlling the Indian Tea Industry. This establishment is engaged in production, cultivation, marketing, sale and export of tea, encouraging research, and other numerous statutory duties and functions under the Tea Act. In order to preserve the integrity of tea…

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