Celebrating 20 Years of IP Excellence

19th August 2022 to 26th August 2022

Weekly Patent and Industrial Design Statistics – 19th August 2022 to 26th August 2022

This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 26th of August 2022. 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 1,403 patent applications have been published in the 34th issue of the Patent Journal, 2022. Out of the 1,403 applications published in the journal,510 applications account for…

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Without Proper Inventive Step Analysis, Patent Office's Order is Unreasoned - Says Delhi High Court

Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

In a recent case involving Gogoro Inc, the Delhi High Court remanded a patent decision back to the patent office on the ground that the order was unreasoned. The Controller of Patents in the case rejected the patent application filed by Gogoro Inc relating to a power charging system on the ground that it lacked inventive step. The Controller cited three prior art references but failed to explain how a person skilled in the art would arrive at the claimed…

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Accessibility is Mandatory for Businesses says CCPD

Accessibility is Mandatory for Businesses says CCPD

In a recent recommendation, the Chief Commissioner for Persons with Disabilities (CCPD) stated that private establishments such as businesses, societies, associations, and so on are bound by the accessibility requirements under the Rights of Persons with Disabilities Act, 2016 (the "RPwD Act"). It concluded in a case filed by Mr. Rahul Bajaj, an upcoming IP attorney, against Practo Technologies Private Limited ("Practo") and the Director General of Health Services ("DGHS"). In the case, Mr. Bajaj argued that the Practo application,…

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Image accompanying post on copyright and entertainment law updates

Weekly News Update: Copyright and Entertainment Law

This is a weekly post on copyright and entertainment law updates. Shamshera’s OTT release impeded buy Delhi HC Ranbir Kapoor’s recent film Shamsher, which was theatrically released in July 2022, has received an unfavourable order from the Delhi High Court, whereby the producer, Yash Raj Films, has been instructed to deposit an amount of Rs. 1 Crore with the High Court prior to releasing the film on OTT platforms. The present suit was instituted by an individual, Bikramjeet Singh Bhullar, who…

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Weekly Anti-Trust and Privacy Updates

Weekly Anti-Trust and Privacy Updates

This week's Anti-trust and Privacy Updates are as follows: Karnataka High Court dismisses Intel’s Petition Challenging CCI’s Investigation Karnataka High Court, dismissing Intel’s challenge to CCI’s probe, imposed costs of Rs. 10L. In August 2019 CCI, investigating alleged abuse of dominant position by Matrix Info Systems, against Intel Corporation’s new warranty policy in India, found Intel in violation. Intel revising the warranty policy in India in 2019, provided warranty for boxed micro-processors only when bought from authorised sellers or distributors within…

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Weekly Trademark Updates

This week’s trademark updates are as follows: House of Zana wins trademark dispute against Zara International fashion giant, Zara, recently objected to the registration of the trademark ‘House of Zana’ by a Darlington-based fashion boutique House of Zana in the UK, claiming that the mark is identical and is likely to cause confusion amongst the average consumers. The Hearing Officer, Matthew William, opined that, although Zara is a common word, the word “House of” has a distinctive nature and…

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Image accompanying blogpost on "CASE BRIEF : Mody Pumps Inc. & Ors. v. Sovereign Pumping Solutions Pvt. Ltd. & Ors."

CASE BRIEF : Mody Pumps Inc. & Ors. v. Sovereign Pumping Solutions Pvt. Ltd. & Ors.

Facts Plaintiff No. 2 was a wholly owned Indian subsidiary of Plaintiff No. 1, a water pump manufacturing company incorporated in USA. Defendant No. 1 was also a water pump manufacturing company registered under the Companies Act, 2013 and Defendants Nos. 2, 3 and 4 were former employees of Plaintiff No. 2. The Plaintiffs had received engineering drawings via e-mail from the Defendant company, requesting for a reasonable quote for development of investment cast dies. The drawings in the mail were…

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Image accompanying blogpost on "CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr."

CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr.

Facts Plaintiffs, M/s Osram GmbH and Osram Lighting Private Limited [“OLPL”] filed a suit against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi (Defendants) claiming their rights in the registered Trademark “OSRAM”. This mark was adopted by OLPL internationally in 1906 and later registered in India in 1945 by General Electric Company Limited. Plaintiffs were engaged in manufacturing a range of products comprising Lumilux Plus Fluorescent Lamps, CFL lamps and other related products. Plaintiffs found that Defendants, who were…

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Image accompanying blogpost on "CASE BRIEF : Parvesh Kamboj & Ors. vs The Controller General of Patents, Designs and Trade Marks"

CASE BRIEF : Parvesh Kamboj & Ors. vs The Controller General of Patents, Designs and Trade Marks

Facts The Delhi High Court (the Court) merged four Writ petitions filed under Article 226/227 of the Constitution of India. The Petitioners had been restricted from exercising their right u/s 21 of Trademarks Act, 1999, to file an opposition against various trademark applications within 4 months of them being accepted and advertised. The Petitioners wanted to file an opposition for a trademark in view of the extension of limitation granted by the Supreme Court in 2020 in view of…

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Latest Trademark Cases in 2022 - Part 6

Latest Trademark Cases in 2022 – Part 6

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…

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