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Specifics of international private law

On the 10th day of August 2020, the World Intellectual Property Organization (WIPO) announced to release a consortium “WIPO for Creators” with an objective of achieving awareness of IP Rights for creators in all parts of the world. WIPO has come into an agreement with a Sweden based Music Rights Awareness Foundation (MRAF) to help the music artists get fair compensation for their work by organising activities which will create awareness about Intellectual Property Rights.  MRAF was founded in the year...

A recent shocking incident of the death of Mr. George Floyd once again shed light on the slogan ‘Black Lives Matter’. The outcry has created various disputes relating to Intellectual Property Rights like confusion and deception, dropping the racist trademarks and rebranding, as well. There has been an outrage against racism in the public since a long time and there have also been various movements for the same. During such incidents, often legal issues emerge, however, it happened probably for...

Introduction: The new era of e-age is loaded with information and knowledge and domain name is an integral part of the whole system. Domain names are the internet Protocol address which leads you to find your subject easily, leading to that exact particular page. People usually go with generic terms for their domain name as it is easy to find and also known to people. It is observed that Generic term as a trademark can be registered as soon as it...

‘Inventions are the bedrock of Innovation’, powerful new IT technologies are now developing, paving the way for innovation in the next several decades. It’s happening simultaneously in software, hardware and other computer related inventions. The Computer software comprehensively includes computer programs, libraries and related non- executable data, such as online documentation or digital media. Software powers up lifeless hardware of a computer. In order to channelize this software/ computer related inventions into driving scale and real power for the nation,...

The Supreme Court of United States (further referred as SCOTUS) in its June term resolved the longstanding issue of protecting generic domain names and trademarks. Over the past week, since the opinion was published on June 30th, the SCOTUS’s booking.com ruling has rocked the trademark world and has forced lawyers and practitioners to rethink the obvious question: “will my generic or descriptive trademark ever be protected? Will it ever receive that holy ® symbol?” The SCOTUS answers in affirmative. The...

In the recent news, Hindustan Uniliver has taken a massive step towards rebranding of its popular ‘FAIR & LOVELY’ range by dropping the word FAIR from the same. Though the step is being seen in light of the recent global public outrage against racism due to death of George Floyd, the decision towards rebranding is not sudden as the Company also in the year 2019, stopped usage of words such as ‘fair/fairness’, white/whitening and removed before-and-after impressions and shade guides...

The Madras High Court settled a long-standing dispute between ITC and Nestle which involved their use of generic and laudatory words to describe their product line of instant noodles. The case was titled as Civil Suit 231 of 2013 and was filed by ITC in the High Court Madras. After an 8 year long battle the court held that the words “Magic Masala” are common to trade and laudatory and nobody can claim monopoly over the words. ITC alleged that...

The tradition of awarding damages to the IP right holder has got a boost as many High Courts have awarded punitive damages in variety of forms apart from monetary compensation. In a recent judgement of Hon’ble Delhi High Court in Reckitt Benckiser (India) Pvt. Ltd Vs. Mohit Petrochemicals Pvt. Ltd. & Anr, the Hon’ble court passed an order awarding damages of Rs. 1,00,000/-, which was asked to be deposited in the Juvenile Justice Fund by the defendant who was selling...

  IP prosecution and application stages before IP registry not affected by limitation; confirms Delhi High Court. The High Court of Delhi, vide order dated 11.05.2020 in W.P. (C) No. 3059/2020, suspended the public notice dated 04.05.2020 issued by Controller General of Patents, Designs and Trademarks (CGPDTM). On previous occasions, the CGPDTM had also issued similar notices which in sum and essence stated that any limitation with regard to payment of fees, filing reply etc. that expired within the lockdown period shall...

On 6th May 2020, The Intellectual Property Appellate Board (IPAB) released an Office Order F. No 18013/4/2017-IPAB-Pt. The Office order contained important information about the functioning of the IPAB during these trying times. Thereafter, on 7th May 2020 the chairman of the IPAB, Justice (Retd.) Mr. Manmohan Singh presided over a zoom call wherein the office order was discussed. Justice Singh addressed several key issues in the zoom call which was attended by Intellectual Property Attorneys and Advocates from all...