The territorial jurisdiction to institute a trade mark infringement or copyright infringement case is turning into a battleground with contrary views being taken by the Delhi High Court and the Bombay High Court. Trade Marks Act and the Copyright Act, unlike the Patent Act and Design Act, create an additional / convenient forum for the Plaintiff to sue for infringement at the Plaintiffs place of business irrespective of the situs of infringement.
At least the Delhi High Court thinks so. In a recent judgment passed by the Delhi High Court in the case of The Chancellor, Masters & Scholars of the University of Oxford & Others Vs. Rameshwari Photocopy Services & Another, the Court held that photocopying of portions of books by the students or the University, which are part of the course curriculum and available in the University library does not constitute infringement under the Indian Copyright Act, 1957.
Ericsson has recently filed suits before the Delhi High Court to stop mobile handsets importers like Micromax, Intex and Xioami from importing mobile handsets which use its patented technology features without paying license fee. These patents are claimed to be the Technology Standards prescribed by International Telecommunications Union (ITU) and are covered by FRAND (Friendly, Reasonable and Non-Discriminatory) terms.
The Government of India has constituted an IPR think tank to formulate a national policy on the IPR policy in India. The Think tank has issued the first draft of the National IPR Policy for comments from general public. The draft can be viewed @ IPR_Policy_24December2014
The Design Amendment Rules, 2014 has come into force with effect from 01 January 2015. Like the Patent Act, the Design Act has three categories for fee payment. One is the natural person. The category of artificial person has been divided into two categories which are Small Entity and Non-Small Entity.
LITMUS LEGAL is a specialist law firm in Intellectual Property Rights. We deal with all aspects of trade marks, patents, copyright, industrial design, geographical indication. Our services range from advisory services even prior to the creation of an Intellectual Property asset, its protection by way of registration before the concerned authorities, its enforcement before the Courts and custom authorities. We also represent before the WIPO in domain name disputes.
Our attorneys provide expert advise with years of experience working in different forums for both domestic and international companies. We provide cost effective and innovative solutions in protection of the Intellectual Property asset by closely working with companies and apply our understanding of the varied requirements of different industries.
We provide watch services in trade marks free of cost. If you wish to be informed about any trademark on being advertised in the Trade Mark Journal in India, please do let us know.
We provide expert investigation services to businesses. The investigations range from providing basic details on the availability of products, general survey in any geography to intricate details about the infringer and the product portfolio.
Being a globalized world we work closely with our associates around the world to be able to fully meet the requirements of a company from one stop.
If you have any query, please feel free to write to us. We will be glad to be part of the protection of your Intellectual Property Rights, albeit the most important asset in the modern world.