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Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patentapplication but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. 3(i) of the Patents Act.
In most nations globally, the copyright protection term lasts for the lifetime of the author plus seventy years following his death; however, the protection period varies depending on the type of work. In general, patents last for twenty years from the date of filing (it may vary from one country to another).
In Part II , I looked at the amendments suggested to the procedural aspects of the Patents Act, which captures the Committee’s intention to direct changes that would increase patent filing in the country. The various reforms concern the patentapplication exam and the creation of specialized ADR forums for IP cases.
‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.
The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artisticworks, design, symbols, names, and images used in the business. Such as Fast Track Patent Examination – Startups can avail benefits of the expedited inspection for the PatentApplication.
However, he concludes that the recent stand of the Delhi High Court highlights that the judgment does not reflect an absolute bar over the arbitrability of disputes concerning trademarks, but rather it imposes a limitation only in relation to those matters which are concerned with the grant or registration of trademark. Thematic Highlight.
The DHC DB’s broad interpretation of the requirement to disclose plurality in provisional or complete specifications instead of the claims is music to the ears of patentapplicants. But what is the implication of this order, especially for the pharma sector? Read on to know more.
The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patentapplication for insect treatment.
the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. This right is given to literary and artisticwork like music, etc. With the growing number of patentapplications, the risk is also increasing.
They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artisticwork. The appeal was allowed, and the patentapplication was remanded for fresh consideration with the amendments.
Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. UPL Limited vs The Controller Of Patents Designs And Trademarks on 30 April, 2024 (Calcutta High Court) Image from here The present dispute is an appeal challenging the order of Joint Controller, dated July 31, 2023, refusing patentapplication of the appellant.
Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. In light of these averments, the Court issued an interim stay on the copyright registration pending further hearings.
Copyright is the type of Intellectual Property most often associated with artisticworks like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. Although copyright registration is not required, there are several benefits to doing so. Trademark Registration.
At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.
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