Amazon improves foothold in India: signs content licensing deal with T-series

E-commerce is growing widespread day by day in Indian market. It has become a current day reality from a buzzword, transformed the way business is done, transformed the way people transact and more specifically, has totally transformed the game for the Indian economy. Nowadays online market space is available for almost everything; you just think of something in your mind and can easily get without leaving your place. It has covered almost everything: tours, travels, entertainment, movies, hotel reservation, matrimonial services, recruitment services, banking services, electronic gadgets, fashion accessories, medicines, medical devices, groceries and the list goes on. Indian retail... Read More

GOD BLESS NOVEMBER 27, 2016

Well, I am sure, this is what is crossing through the minds of the IP enthusiasts who have been waiting since long (2013-being specific) for their turn to appear for Patent Agent Examination (PAE). They were not able to do so for the want of examination taking place. November 27, 2016 has definitely brought sigh of relief for them. Relief came for PAE aspirants when IPO official website announced on July 19, 2016 that PAE will be conducted before December, 2016. Then IPO released a tender on September 01 requesting quotation for supply of answer booklet and related works, supply... Read More

Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, jurisdictions where they can be entertained, timelines within which they can be opted, and the grounds on which they can be based have been summarized in the below table: Point of Comparison Pre-grant opposition Post-grant opposition Revocation Section 25 (1) 25 (2) 64 Locus Standi... Read More

Wanna play Music commercially? Pay the Royalities first!

This may sound difficult given that commercial places in India have taken right to play the music as their inherent one. Situation may change soon after two recent judgements of Hon’ble Delhi HC. First one was delivered by JUSTICE S. MURALIDHAR on August 12, 2016 and second one was delivered by JUSTICE V. KAMESWAR RAO on September 30, 2016. Interestingly in both the cases, Indian Singers’ Rights Association (ISRA) was involved as plaintiff. In both the decisions, applicant court gave decision in favour of plaintiff and asked defendant to pay royalties to the plaintiff. Basic information on ISRA, laws relating... Read More

HOW TO CALCULATE TERM OF/ EXPIRY OF INDIAN PATENT?

In order to analyse Patent infringement or to conclude Freedom to Operate (FTO) search, one must know how to calculate expiry of Patents or estimated expiry of pending Patent Applications. This article discusses step-wise approach for expiry calculation for India. Amended section 53 of the Indian Patent Act, 1970 governs estimated expiry of the pending Patent Applications or expiry of Patents granted on or after May 20, 2003 (commencement of the Patent Act, 2002) or granted before but were in force on the said date. Section 53 (1) has been reproduced below for the reference. Section 53: (1) Subject to... Read More

New Hyderabad Branch Opened

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with IIPRD are delighted to announce that they have opened up branch Office in Hyderabad in wake of the rising client requirements and towards their goal of expanding their operations across India. With the new Office, K&K and IIPRD now have offices in Noida (NCR), Mumbai, Bangalore, Pune, Indore, and Hyderabad. K&K is one of the fastest growing full service IP and Commercial Law Firms in India representing Indian and International clients ranging from small start-ups to Fortune 200 companies giving them the same experience across the board. K&K is known... Read More

Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement

This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon’ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962. This case tries to draw the line between the rights of the author, publishers of the work and competing rights of society. The case was between THE CHANCELLOR, MASTERS & SCHOLARS OF THE UNIVERSITY OF OXFORD & ORS. Vs. RAMESHWARI PHOTOCOPY SERVICES & ANR. In this case, five plaintiffs THE OXFORD UNIVERSITY PRESS, CAMBRIDGE UNIVERSITY PRESS U.K., CAMBRIDGE UNIVERSITY PRESS INDIA PVT LTD., TAYLOR & FRANCIS GROUP U.K., and... Read More