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.
Drawing parallels between a physical marketplace and online marketplace which sell goods, the Delhi High Court in the case of World Wrestling Entertainment, held that when an order is placed online from Delhi, the Courts in Delhi will have territorial jurisdiction.
The Bombay High Court in May 2014 restrained Videocon from infringing the registered design of Whirlpool for a washing machine.
Full Bench of Bombay High Court in December 2014 held that at the interlocutory stage, the Court can look into the prima facie validity of the registration. A heavier burden is cast on the Defendant to pick holes in the registration. The Delhi High Court had already been following this principle.
Diageo Brands succeeded in stopping Khoday from using any mark similar to a list of its trade marks in future even though sales under these trademarks had not commenced.
The Supreme Court in December 2014 did not entertain an appeal against the Bombay High Court and the Controller of Patent's order. However, the court left the question of law open.
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.
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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.