Celebrating 20 Years of IP Excellence

Delhi High Court Rules Governing Patent suits, 2022

Delhi High Court Rules Governing Patent Suits, 2022

Over the last decade or so, there has been a large increase in the number of patent infringement actions filed before the Delhi High Court. The subject matters of these actions pertain to several emerging scientific fields such as pharmaceuticals, diagnostics, mechanical engineering, telecommunications, electrical/electronics, wind technology, etc. To counter the complexities that arise while entertaining these actions, the Delhi High Court, on February 24, 2022, issued a public notice finalizing the set of rules that govern patent suits. These…

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Weekly Patent News

No single leader in 5G tech, finds USPTO; DHC sets up IPR Bench, notifies final rules and more patent news.

In this week’s patent news - Delhi High Court notifies final Intellectual Property Rights Division Rules 2022 and Rules Governing Patent Suits 2022; Need for Stronger Enforcement Provisions in cases of IPR Infringement, says CJI NV Ramana; EU files case against China at WTO; No company currently dominates the 5G technology realm, says USPTO; Activision and Blizzard settle patent dispute; European Commission to consider new time limits for FRAND licensing negotiations; ICC Centre of Entrepreneurship and WIPO collaborate to empower…

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Weekly News Update: Copyright and Entertainment Law

This is the weekly news update for copyright and entertainment law. Nykaa and L’Oreal settle the Copyright infringement Suit In November of 2019, the French cosmetic giant, L’Oréal had filed a civil suit in a Delhi District Court alleging copyright infringement owing to similarity of Nykaa’s certain packaging items with L’Oréal’s trademark ‘Maybelline’ brand. The suit was recently settled. Under the new settlement terms, L’Oréal has approved the modified artwork adopted by Nykaa. Additionally, L’Oréal is also seeking reliefs of damages,…

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Indian Copyright Statistics-December 2021 and January 2022

A compilation of the statistics for the Indian copyright applications during the months of December 2021 and January 2022, is given below. DECEMBER 2021 AND JANUARY 2022 There is an increase of 43% in the total number of copyright applications filed for the month of December as compared to the month of November 2021. A total of 2364 applications were filed in the month of November and a total of 3375 applications were filed in the month of December 2021 .…

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Indian Copyright Statistics-November and December 2021

A compilation of the statistics for the Indian copyright applications during the months of November and December 2021, is given below. NOVEMBER AND DECEMBER 2021 There is an increase of 43% in the total number of copyright applications filed for the month of December as compared to the month of November 2021. A total of 2364 applications were filed in the month of November and a total of 3375 applications were filed in the month of December 2021 . The majority…

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Patent Infringment article published by BananaIP

Hinged and Immobilized Differently, but Infringes Patented Dolly

The plaintiff in this case filed an infringement suit against the defendants, users and suppliers of products covered under the Patent 214088 dated 13th March 2002 titled 'Carriage for the horizontal transfer of motor vehicles in automatic mechanical car parks.' The claims in the patent relate to a self-propelled carriage on wheels, for horizontal transfer of motor vehicles by lifting two or more wheels, in single or multi automatic mechanical car parks. The product is commonly known as a 'Dolly'…

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What happens if I don’t use my Trademark?

What happens if I don’t use my Trademark?

As per the Trade Marks Act, 1999, trademarks may be words, names, symbols, devices (logos), designs or any other distinctive sign or mark which helps the consumers distinguish one’s goods or services from those of others. Trademarks act as source identifiers of goods or services of a single entity and work as an advertising tool for that entity, enabling the consumers to identify the product because of its goodwill and consistent quality. Once a mark is registered, the owner of…

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Image accompanying blogpost on "NON-FUNGIBLE TOKEN (NFTs) ON PATENTS: A BREAKTHROUGH IN THE INTELLECTUAL PROPERTY-REGIME?"

NON FUNGIBLE TOKENS (NFTs) ON PATENTS: A BREAKTHROUGH IN THE INTELLECTUAL PROPERTY REGIME?

The recent buzz around Non-Fungible Tokens (or NFTs) can be attributed to the sale of memes, photos, digital artwork and other audio-visual assets for millions of dollars. Not long ago, the CEO of Twitter, Jack Dorsey, sold the first-ever published tweet as an NFT for a whopping USD 2.9 million, while the renowned 'Disaster Girl' meme was sold as an NFT for about USD 500,000. The term 'Non-fungible' primarily refers to the novel and non-replaceable nature of a material. For instance,…

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Weekly Trademark Statistics - February, 2022 - Part I

Weekly Trademark Office Statistics – February, 2022 – Part I

This weekly Trademark Office data has been compiled from dynamic data published by the Trademark Office as updated till 9th February, 2022. These statistics are presented to you by the Trademark and Copyright team of BananaIP Counsels, India’s leading Intellectual Property Firm. Indian Trademark Statistics An increase of seven percent (4%) in the total number of trademark applications examined by the Trademark Office this week. A total of six thousand and seventeen (6017) applications were examined. These statistics have been compiled…

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Image accompanying blogpost on "Recap 2021: IP Updates - Part 4"

Recap 2021: IP Updates – Part 4

In this post we revisit the IP Updates ie., any amendments, ordinances, notifications, and other information related to IP published in the year 2021. For reader's convenience it has been divided into parts, please find the link to the previous and next parts towards the end of this post. DELHI HIGH COURT INVITES SUGGESTIONS FOR FIXING ROYALTIES FOR SOUND RECORDING The High Court of Delhi has issued a public notice on 10th November, 2021, with respect to the intention of the…

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