IPR Amicus, July, 2015 covers an article on ‘Separation of rights under copyright & design laws’. This article explains that protection available to artistic work under Designs Act and Copyrights Act are different, and considering the inherent overlapping, one should opt carefully for appropriate protection.
Ratio Decidendi section of this issue covers Bombay High Court Order holding that vested rights in a trademark cannot be acquired from the group company which was merely permissive user of the trademark and not proprietor of the same in its own right. This issue also summarises IPAB order holding that results of claimed process steps which are the combination of various features - unique concentration, specific particle size of Synthetic Hydrotalcite (SHT), temperature and time period, are not mere optimization but novel inventive process. IPAB in another decision has directed to include assignee of the trademark, as respondent, in the appeal filed against rejection of opposition to the registration of the mark.
India, Brazil and other developing nations have argued against application of the non-violation and nullification or impairment clause under the TRIPS. Further, News Nuggets in this issue cover news item on how India uses information in Traditional Knowledge Digital Library (TKDL) to oppose patent applications of an FMCG major.
July, 2015/Issue-48