News
Calcutta High Court rules on protection to design
26 March 2014
The Calcutta High Court, recently had an occasion to examine the scope of protection to design. In this case [Kent RO Systems v. Sandeep Agarwal, Order dated 30-1-2014], the Calcutta High Court declined to follow the majority decision of Delhi High Court in Micolube India Limited v. Rakesh Kumar [Order dated 15-5-2013] which supported common law rights and claim of passing off in respect of design but found the minority decision more appealing.
A prayer to trademark pretzel dismissed
24 March 2014
In Fritolay Division v. Princeton Vanguard the defendant found how difficult it could be to trademark a centuries old food item. Pretzel said to have originated in Germany dating to the 16th century is a baked bread with intertwined knot like appearance as if hands folded in prayer.
Trademarks – Protection of well-known trademarks used in dissimilar services
24 March 2014
The Delhi High Court has granted interim injunction in case of use of mark ‘BRAHMOS’ in relation to educational services.
Draft guidelines for examination of pharma patent applications
24 March 2014
The Indian Patent Office has, on 28-2-2014, issued draft guidelines for examination of patent applications in the field of pharmaceuticals. Comments from the public have been invited by 21st March, 2014.
The overall appeal of a design
24 March 2014
An award-winning design that appeals to children, toymakers and, in all likelihood, to IP lawyers was at the heart of the decision by the England and Wales Court of Appeals (Civil Division).
Appeals to DSB Appellate Body on the rise: Annual Report
19 March 2014
The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) has issued its annual report elaborately explaining its procedures and working, while also thoroughly summarizing the reports circulated in year 2013.
CSR provisions to come into force from 1st April 2014
18 March 2014
Section 135 of Companies Act, 2013 (Act) and Schedule VII demarcating Corporate Social Responsibilities (CSR) of companies in India shall come into force from 1-4-2014.
Arbitration – Separate application under Section 8 not required
18 March 2014
The Delhi High Court has held that separate application under Section 8 of the Arbitration and Conciliation Act, 1996 is not necessary.
No cartelization by asbestos cement sheet manufacturers
18 March 2014
Competition Commission of India has on 11-2-2014 in Suo-Motu Case No. 1 of 2012, held that there is no evidence to suggest cartelization by asbestos cement sheet (ACS) manufacturers and the provisions of Section 3(3) read with Section 3(1) of the Competition Act, 2003 have not been contravened.
Metallised yarn - A case on classification
14 March 2014
An importer praying for levy of higher amount of customs duty makes for a very good yarn. The case Best Key Textiles Ltd v. United States may not have settled the issue for once and for all as to what is metallised yarn but it provides an interesting insight into arriving at a classification and whether it can be argued that levy of lower customs duty is a trade rather than revenue tool.