News and features

Articles

Showing 1 - 10 of 19

News & Analysis

National Phase Application timelines as under Indian law triumphs its PCT obligations

21 August 2023 by Rahul Chaudhry & Partners - India : Mohit Kar, Associate

India has recently witnessed a significant growth in patent filings, including national phase application filings through the Patent Cooperation Treaty (“PCT”) route.

News & Analysis

National Phase Application timelines as under Indian law triumphs its PCT obligations

21 August 2023 by Rahul Chaudhry & Partners - India : Mohit Kar, Associate

India has recently witnessed a significant growth in patent filings, including national phase application filings through the Patent Cooperation Treaty (“PCT”) route.

News & Analysis

Patents and Competition Law: Haze over Jurisdictional Issues cleared by The Rays Of Statutory Interpretation

08 August 2023 by Rahul Chaudhry & Partners - India: Tejbir Singh, Associate

The most significant duty which is vested on the judiciary is the interpretation of the statutes in force.

News & Analysis

Comparative Advertisement under the Trademark Regime

02 August 2023 by Rahul Chaudhry & Partners - India: Aakriti Singh, Associate

This article analyses the concept of comparative advertising within the domain of the Trademark regime, studying the various components involved, including the statutory laws and judicial pronouncements in India.

News & Analysis

Trademark protection of signature poses and voices of celebrities in India: An uncharted territory

08 June 2023 by Rahul Chaudhry & Partners - India: Sakshi Mathur, Associate

Personality rights, commonly known as ‘right of publicity,’ guarantees an individual right in one’s personal attributes such as appearance, signature, voice, silhouette, face, features, gestures, expressions, mannerisms etc, paving way for an individual to use and commercialise one’s identity.

News & Analysis

DHC on irrational reasoning and requirements in patent refusal orders

04 May 2023 by Rahul Chaudhry & Partners - Madhuri Gupta, Senior Associate, Patents team

In a recent Judgement, the Delhi High Court (“Court”) decided on an appeal filed by Microsoft Corporation to set aside the decision of Controller General of Patents and Designs (“Controller”) dated 05th March 2012 refusing the grant of Indian patent application 487/DELNP/2006 (“subject patent”) under Section 15 of the Patents Act.

News & Analysis

Judicial trend of copyright Protection for Character Merchandising in India

12 April 2023 by Rahul Chaudhry & Partners - Pallavi Dora

Character Merchandising is a new age business phenomenon to commercially exploit the famous comic characters in garb of generating revenue and fetch profit by using the pictures, voice dialogues of famous characters / personalities of which the general public are emotionally connected. The evolution of the character merchandising was by the famous company – Walt Disney Studios in 1930’s when they licensed the famous character like Mickey Minnie and Donald duck. Technological advancement and channels devoted to children entertainment has created a demand in the market and influenced the said segment to buy the product as the general public get attached to the character.

News & Analysis

Enforcement of Store Layout Trademarks in India – An uphill battle for brand owners

28 March 2023 by Rahul Chaudhry & Partners - Farhaan Rizvi

A visually appealing store is a crucial asset for any business aiming to provide a consistent quality of goods and services across its stores . These stores featuring a distinct theme design commonly seen on their signage, wall arts, overall décor etc. not only reflects a cohesive brand imagery of the business but also create a lasting impression on the customers, strengthening their brand recall value.

News & Analysis

Trademark trolling and its Perils - a note of caution

02 November 2022 by Rahul Chaudhry & Partners - Shireen Sidhu

In today’s interconnected global economy, securing protection over Intellectual Property assets has become an indispensable requirement for businesses at various levels. Trademarks being one of the most important instrument of IP and valuable intangible asset to business in today’s era, functions as a source identifier for distinguishing the goods and services of one entity from those of others.

News & Analysis

Law and punitive damages in IP suits in India

20 September 2022 by Rahul Chaudhry & Partners - Vanshika Arora

In India, for intellectual property (IP) disputes, the statutes and courts have always been more focused on compensatory damages, i.e., compensating the aggrieved party to help them restore their position. This approach has led to a lack in the IP regime as it did not effectively achieve the twin objective of compensation and deterrence.