Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

Mrinal Gour, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. This was a landmark judgment with respect to registering a numeral as a trademark. Sections involved: Section 29 of Trademark Act, 1999 which talks about infringement of registered trademarks. It states the scenarios where a registered trade mark is infringed by a person who is not the registered proprietor or he is using by way of permitted use. The non registered proprietor’s mark would be identical with or deceptively similar to the trade mark in relation to... Read More

IIPRD Offers 6 months Online Certificate Course

IIPRD (Institute of Intellectual Property Research and Development) offers a Six Months Certificate Course on “Patent Portfolio Creation & Management”, which is continually ongoing since 2009 and has successfully enrolled over 300 students in the last over 3 years. The course is an online distance learning course, making it especially very effective for working professionals, who wish to have flexibility to initiate the course at their convenience. The details of the course can be easily obtained from IIPRD’s website at http://iiprd.com/course_patent_portfolio.htm The Course exclusively focuses on Patents with subject matters relating to Patent Preparation, Patent Searching, Indian Patent Act and... Read More

Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

The Indian Patent Office (IPO) has recently issued another set of guidelines, this time on examination of biotechnology applications. Our earlier write-up on a set of guidelines issued by IPO, for examination of applications relating to traditional knowledge, can be seen from here. The guidelines explain in detail, with illustrative examples, on various facets of patentability of biotechnology related inventions, including novelty, inventive step, industrial application, sufficiency of disclosure, clarity of claims, Biodiversity related issues, section 3(b), 3(c), 3(d), 3 (e), 3 (h), 3 (i). The patentability of biotechnology related inventions particularly genetic engineering, has invoked many debates in the... Read More

Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection of Plant Varieties and Farmers' Rights Act, 2001. The objective of this Act is to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants... Read More

Infringement of comic characters- Comic con?

Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and unfair competition law mainly provide protection to graphic characters. Due to the overlapping effect that the provisions intellectual property and unfair competition law stipulate, the two laws may converge to cover the gaping holes in the law. An advantage from commercialization of characters is that... Read More