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Intellectual Property News and Analysis – Intellepedia

OIN celebrates 15 years of protecting Open Source Software community, Jaguar files plaint against Prosche, Audi and other major brands

Weekly Patent News

In this week’s Patent News – Jaguar files complaint against Prosche, Audi, Lamborghini and Volkswagen with USITC; Patent infringement lawsuit filed against Samsung Electronics; OIN celebrates 15 years of protecting the Open Source Software community and other news updates. PATENT INFRINGEMENT NEWS UPDATES Patent infringement lawsuit filed against Samsung Electronics Context Directions LLC has filed a lawsuit for against Samsung Electronics for infringing its patented invention. The case, filed in the United States District Court for the Western District of Texas, is related to its U.S Patent No. 10,142,791 and involves a range of Samsung’s products including - Galaxy S10, S10+, S10e, Note...

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Policybazaar Trademark Infringement, Levi’s Collaborates with Hello Kitty for Face Masks and more

Trademark News

Policybazaar Trademark Infringement, Narasapur Crochet Lace Applied for GI, Plant Based Dairy Alternatives Cannot use the Term “Milk” in the EU and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Delhi High Court Restrains Policybazaar’s Trademark Infringers In a recent application for injunction before the Delhi High Court, PB Fintech, the operator of policybazaar.com and paisabazaar.com websites, obtained a favourable order against several infringing websites. The suit was filed against eight rogue entities, which were allegedly operating websites that incorporated PB Fintech’s ‘Policybazaar’ and ‘Paisabazaar’ trademarks, which led consumers to believe that these websites were associated...

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L’Oreal Faces Trademark Opposition from Marshmello, Instagram vs. Instakarma and more

L’Oreal Faces Trademark Opposition from Marshmello, Phonetically Generic Trademark Protectable?, BoAt Collaborates with Designer Masaba and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Phonetically Generic Trademark Protectable?  The Delhi High Court, in a recent decision, vacated an interlocutory injunction granted to Delhivery Private Limited, a logistics and transport services provider. The interlocutory injunction was granted against Treasure Vase Ventures Private Limited, which had adopted a trademark ‘DELIVERE’, which was found to be similar to Delhivery Private Limited’s registered trademark ‘DELHIVERY’. On appeal, the Delhi High Court held that both marks were derived from the...

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Revised Patent Examination Guidelines by CNIPA, patent infringement news and more

Weekly Patent News

In this week’s Patent News – RGNIIPM to host webinar on IPR for one week; Caltech files patent infringement lawsuit against Dell Technologies; eBuddy Technologies institutes lawsuit against LinkedIn Corporation for patent infringement; Coolpad withdraws patent infringement lawsuits filed against Xiaomi; Arçelik and L.G Electronics settle all patent infringement disputes; CNIPA publishes draft of second Revised Patent Examination Guidelines. IPO NEWS UPDATES RGNIIPM to host webinar on IPR for one week RGNIIPM will be hosting a series of online webinars on IPR for a period of one week from 14th December 2020. The webinars will cover a wide range of topics like – Patent filing...

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Indian Patent Cases and Judgments of 2020

Indian Patent Cases and Judgments of 2020

Dhaval Diyora vs. Union Of India And Ors Decided on 5 November, 2020 by Bombay High Court WRIT PETITION (L) NO.3718 OF 2020 In this case, the Bombay High Court dealt with the question of whether a pre-grant representation can be filed while the decision of the Controller of Patents to reject a patent application is on appeal before the IPAB. The Court held that pre-grant representation cannot be filed while the decision of the Controller is on appeal because the time limit to file the same comes to an end once the decision on a patent application is made by the Controller....

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Grants decrease by 39% this week, 23480 patent applications granted till date

Weekly Patent News - Patent and industrial design statistics

This week’s Patent & Design data has been compiled from the Official Journal of Patents and Designs published by the patent office on the 13th of November 2020. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm. INDIAN PATENT STATISTICS A total of 751 patent applications have been published in the 46th issue of the Patent Journal, 2020. Out of the 751 applications published in the journal, 354 applications account for early publications while 397 applications account for ordinary publications or publications occurring after the 18 – month period. A total...

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Over 2000 FERs issued this week, grants increase by 58%

Weekly Patent News - Patent and industrial design statistics

This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs published by the patent office on the 6th of November 2020. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm. INDIAN PATENT STATISTICS A total of 742 patent applications have been published in the 45th issue of the Patent Journal, 2020. Out of the 742 applications published in the journal, 324 applications account for early publications while 418 applications account for ordinary publications or publications occurring after the 18 – month period. A...

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Patent Rules amended again, major changes in fee structure for small enterprises; WIPO launches new patent information tool – WIPO INSPIRE and more

Weekly Patent News

In this week’s Patent News – Patent Rules amended second time this year, major changes in fee structure for small enterprises; German Appeals Court stays Nokia’s enforcement of injunction against Lenovo; Flipkart acquires Mech Mocha’s IP, forays into gaming space; EPO signs Reinforced Partnership agreement with Columbia; and WIPO launches New Patent Information Tool - WIPO INSPIRE. Indian Patent News Patent Rules amended second time this year, major changes in fee structure for small enterprises Patent (2nd Amendment) Rules, 2020 The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry in a major move towards incentivizing Micro, Small...

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Delhi High Court Patent Rules: Comments

DELHI HIGH COURT PATENT RULES

The Delhi High Court published the draft of the proposed High Court of Delhi Rules governing Patent Suits, 2020 on 9th of October 2020 and has invited comments regarding the same. The rules are proposed to be issued under Section 158 of the Patents Act. In the context of ambiguities surrounding Patent litigation in India, these rules are a welcome step towards clarity and certainity with respect to the procedure. A copy of the rules may be viewed here Some comments and observations of BananaIP's Patent department with respect to the rules are provided here under, for the benefit of our...

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Suggestions on the Amendment of the Copyright Act, 1957- Part III

Suggestions on the Amendment of the Copyright Act, 1957- Part III Section 31B Reasons for suggested amendments Section 31B provides for the issuance of a compulsory license to publish a copyrighted work for the benefit of disabled persons. The suggested amendments broaden the scope of the provision, and bring the nature of the license and the procedure for obtaining a license in line with the statutory license provisions under Section 31C and 31D. By permitting statutory licensing for such works, more organisations will be encouraged to engage in making works accessible, and the fixing of royalties by the Appellate Board will ensure proper revenue...

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