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IP Analysts

Trademark advertising in India through Google Ads – Current scenario

Trademark advertising in India through Google Ads – Current scenario

31 October 2022

India has been pro-actively dealing with trademark registrations, infringements and safeguarding proprietor’s rights with respect to their trademarks of concern.

James Bond declared a well-known mark

James Bond declared a well-known mark

31 October 2022

Are the marks below confusingly similar?

Singapore: Dispute over trademark rights to famous “Eng’s” noodle shop decided in favour of late founder’s heirs

Singapore: Dispute over trademark rights to famous “Eng’s” noodle shop decided in favour of late fou...

30 September 2022

A June 2022 decision by the Intellectual Property Office of Singapore (IPOS) provided a first instance ruling for a trademark dispute pertaining to the name of a famous noodle shop in Singapore.

India puts teeth into surrogate advertising laws

India puts teeth into surrogate advertising laws

30 September 2022

The laws on surrogate advertisements have mostly been silhouetted against the commercials featuring CDs, sodas and mouth fresheners and enforced by the self- regulating body called the Advertising Standards Council of India (ASCI).

“Visual effects” and “ocular impression” essential to prove design infringement

“Visual effects” and “ocular impression” essential to prove design infringement

30 September 2022

In a recent judgment passed by Delhi High Court, the court granted injunctive relief to Diageo Brands against Great Galleon Ventures on grounds of infringing Diageo’s registered design; however, no injunction was granted on ground of passing off.

On amendment to a Markush claim during patent invalidation proceedings

On amendment to a Markush claim during patent invalidation proceedings

31 August 2022

Alternate standfirst: China’s patent examination guidelines provide specific principles for amending a Markush claim during invalidation proceedings. The history of Markush claims in China, and the two prevailing theories in the interpretation of suc...

Sociedad Anonima Damm v Hijos De Rivera, S.A. [2022] SGIPOS 6

Sociedad Anonima Damm v Hijos De Rivera, S.A. [2022] SGIPOS 6

31 August 2022

The Applicant, Hijos de Rivera, S.A. and the Opponent, Sociedad Anonima Damm are beer producers based in Spain. Both parties co-exist in Spain, Europe and UK, but as they grew beyond those territories they began to get embroiled in disputes.

Free trade? Not so much?

Free trade? Not so much?

31 August 2022

India is one of the largest consumers and producers of black tea in the world with the states of Assam, West Bengal, Tamil Nadu and Kerala leading the brigade. Darjeeling tea was one of the first few success stories in India, which has not just recei...

Looking Beyond The Novelty Lines

Looking Beyond The Novelty Lines

31 August 2022

Inventions already in the public domain are not patentable. Novelty or anticipation are determined with reference to the statement of the claim of the patent application and they are likely to be tested during the entire life span of 20 years of a pa...

English Translation: A Must!

English Translation: A Must!

31 August 2022

There is no disputing the advantages of the Patent Cooperation Treaty (PCT) system which, as of April 2022, has 156 member countries. Not only is the applicant able to defer national phase application costs but is given time to assess the strength of...

Twitter, Inc. v. V V Technology Pte Ltd [2022] SGIPOS 4

Twitter, Inc. v. V V Technology Pte Ltd [2022] SGIPOS 4

31 July 2022

A recent decision shows the importance of consumer perception of economic linkages to the likelihood of confusion inquiry.

The potential of a pre-grant opposition

The potential of a pre-grant opposition

31 July 2022

The scheme of the Indian Patents Act allows a patent application or patent to be opposed at two levels before the patent office: first at the pre-grant stage by “Any person” and second at the post-grant stage by “Any person interested”.

Notification of crop species in Indian Plant Variety Act: Recent developments

Notification of crop species in Indian Plant Variety Act: Recent developments

31 July 2022

The Protection of Plant Varieties and Farmers’ Rights, 2001 (the PVP Act) is a sui-generis system providing intellectual property rights on the plant varieties developed, in compliance with Article 27(3)(b) of the Trade-Related Aspects of Intellectua...

Thailand’s first judgment to test ecommerce platform liability for IP infringement

Thailand’s first judgment to test ecommerce platform liability for IP infringement

31 July 2022

With the growth of technology and internet use, consumers are increasingly shifting toward online shopping. Ecommerce platforms have created useful and practical online transactions for products across borders.

Strategizing brand protection and management to augment company value

Strategizing brand protection and management to augment company value

31 July 2022

Without a proper trademark strategy, a company may become vulnerable to unnecessary challenges, including lawsuits around the company’s valuable IP assets. Madhu Rewari explains how building a strong brand protection and management strategy has a dir...