With newly amended TM rules, will India keep up the pace with other global countries?

The Process of trade mark registration in India being very slow is not only time consuming but also sometimes frustrating. Hopes soared high when in the beginning of year 2010, Trade Marks Registry assured attorneys and applicants that all records of the TM Registry were being digitized and on completion of digitization process, the movement of the filed would become faster. But despite whole of 2010 and half of 2011 gone, there is no visible relief. The process has only slowed down in the name of digitization and bringing transparency in the working of the TM Registry. The Registry issued... Read More

The major changes proposed in Draft Patent (Amendment) Rules 2011

The Indian Patent Office released draft amendment to the Patent Rules on March 8, 2011. The Draft amendment is directed to rules 6, 9, 14, 15(3) and the First schedule of the Patent Rules and mainly relates to e-filing of patent applications and related forms. Any interested person was entitled to send comments and suggestions regarding the draft amendment to Secretary to the Government of India in the Ministry of Commerce and Industry (Department of industrial Policy and Promotion). The deadline for sending comments and suggestions was 45 days from March 8, 2011 which has already ended. Now it is... Read More

DataCard Corporation Vs Eagle Technologies – Part 1

Introduction: It is a direct Patent Infringement case, claimant “Data card Corporation” (Datacard) sued Eagle technologies for infringing its couple of patents: UK 1458572 (‘572) and UK 1534530 (‘530) and also couple of trademarks: UK 1399698 (‘698) and UK 1399699 (‘699). When I was searching case laws to understand the degree of obviousness, especially in the field of mechanical engineering, from English courts I came across this wonderful case and hence thought of blogging on the same. In Part – I, I have decided to pen down the insight arguments between the claimant and the defendant and also to summarize... Read More

Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

The present case had been filed by plaintiff (Pine Labs Pvt. Ltd) against defenders (Gemalto Terminals Pvt. Ltd & others) for a decree of declaration, perpetual injunction and rendition of accounts. The suit was listed before High Court of Delhi on 7th October, 2009. Injunction was granted by court restraining the defendants, their assigns, licensees, agents, contractors, employees from in any manner infringing the copyright of the plaintiff. Defendant filed an application to modify the injunction on 9th October, 2009. Court modified the interim injunction stating that, the defendant can continue providing services to Indian Oil Corporation Ltd. Fleet Card... Read More

INDIAN GRANTED PATENTS…ENFORCEABLE?

The Indian Patent Act, 2005, like for most other geographies, does accord to and follow the disclosure guidelines put forth by the TRIPS and has similar Patentability grounds, especially for non-Pharmaceutical subject matters, in which the contention over 3(d) leads to a different interpretation over efficacy grounds. Furthermore, special provisions such as those provided under Section 8 of the Patent Act, enable the Indian Patent Office to retrieve additional and more relevant information about the prosecution that happens with the family foreign Patent Applications of the Indian national phase patent application. Moreover, additional prior art available by means of results... Read More