LALL & SETHI

Patents

A new global regime of stricter patenting
August 23, 2007: Economic Times

The US seems anxious to shed its image of a very liberal patents’ granter.  A three-pronged strategy to improve the quality of US patents appears to be rolled out.  A Bill under the consideration of both houses of Congress suggests a new administrative system for mounting a post-grant challenge to a patent within a year of its issue; a recent ruling of the country’s Supreme Court virtually raised the bar for patenting by re-defining the term “obviousness”.  The moves coincide with the Indian judiciary’s endorsement of Section 3(d), the disputed recent introduction in the country’s Patents Act, as constitutionally valid in the Novartis case.  more...

Patents: A questionable right
August 21, 2007: Sify news

In recent years, the global pharma firms are increasingly getting drawn into expensive legal battles over two contentious issues on patent rights. On the one hand, their marketing exclusivity for patented drugs is being challenged by generic companies in the US and Europe and, on the other, they are being confronted by governments of developing countries over monopoly prices of essential drugs. On both fronts, the multi-national corporations (MNCs) are on the back-foot.  more...

Trademarks

SC refuses to stay Madras HC order in trademark suit by MNC
August 22, 2007: Economic Times

The Supreme Court has refused to stay a Madras High Court order that allowed Chanda Softy Ice Cream to use trademarks 'Galaxy' and 'Milky Way', allegedly owned by a multinational confectioner - Mars Incorporated.  A bench refusing to restrain the domestic ice-cream maker from using the trademarks, directed the High Court to dispose of the matter within three months. Mars' counsel contended the multinational was planning to launch ice creams under the trademark 'Milky Way' and its use by the respondent is surely to cause confusion and deception in the minds of general public especially children and is therefore against public interest.  more...

Infotech

American Airlines sues Google
August 20, 2007: Economic Times

American Airlines, the world's largest airline, has sued Internet search leader Google Inc for selling search words involving its name. The claim is the latest in a string of cases filed worldwide by businesses that argue Google's pay-per-click advertising system, its main source of revenue, is used unfairly by competitors to grab business. The Web search company has prevailed in at least two similar US cases, including a lawsuit brought by auto insurer GEICO, but still faces trial later this year in California by American Blinds and Wallpaper as well as overseas claims.  more...

Geographical Indications

Muga recognised as Assam’s ‘original’ yarn
August 22, 2007: Assam Tribune

After a long wait, Assam’s luminous golden muga silk has now secured the recognition under the Intellectual Property Rights that it has its origin in Assam only. In the changed trade and commercial scenario under the World Trade Organisation (WTO) regime, this recognition called Geographical Indications will definitely provide better legal protection to this golden yarn, its fabric and the people connected with their production.  The certificate of GI registration of muga, which is the first GI right the State has attained.  more...

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Authoritative Decision of Supreme Court of India on Domain Name Dispute

Civil v Criminal Remedies

Deadlines

Domain Registrations

Enforcement of Trade Marks

Salient Features of The Trade Marks Act, 1999

The Patents (Amendment) Bill 2005

Indian Court Grants Punitive Damage for Trade Mark Violation

Supreme Court on Injunctions

Supreme Court of India Reiterates its commitment to Protect Well-Known Foreign Brands

Landmark Supreme Court of India Decision on USE of Trade Marks

TM Act 99 - Well known Trade Marks

Lall & Sethi Tsunami Relief Efforts

Broadcast & Entertainment Sector Newsletter