Section
IP Analysts
Thailand’s first judgment to test ecommerce platform liability for IP infringement
31 July 2022With 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
31 July 2022Without 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...
ASCI guidelines for advertising and promotion of virtual digital assets and services
31 May 2022A lack of structural framework for regulation of virtual digital assets, such as NFTs and cryptocurrencies, and the advertisement of such in India, has resulted in ambiguous and opaque advertisements.
Medical use claims in ASEAN countries
31 May 2022A method of treatment of human or animal body is either considered a non-patentable subject matter or not capable of industrial application in ASEAN countries. However, some ASEAN countries allow amendments of method of treatment claims to medical us...
Plurality of distinct inventions: Distinct practices of India, Europe and the United States in the f...
31 May 2022Practitioners in the field of intellectual property – and more specifically in patents – are aware that patent protection is awarded to inventor(s) or applicant(s) only for a single invention or a group of closely related inventions in a patent appli...
The Protection of Traditional Knowledge Bill, 2022
30 April 2022India is a goldmine of traditional knowledge which, put in simple words, is ancient wisdom handed down from generation to generation, and organically imbued in one’s daily life. Every time we sit cross-legged while eating for better digestion, s...
Daimler AG v. Vivo Mobile Communication Co., Ltd.
30 April 2022The case concerns an opposition in Singapore by Daimler AG (the opponent) to a trademark application by Viva Mobile Communication Co. (the applicant) to register (the application mark). The opponent had opposed the application on two grounds: namely,...
TRIPS and international pressure on high-income countries to accept TRIPS waiver
30 April 2022In the wake of the ongoing Covid-19 pandemic, there is an ever-growing urgent need to supply vaccines, new medicines and testing kits, protective clothing etc. With almost 5.9 million lives lost to the Covid-19 pandemic in the last two years (as per...
NFTs: The India update
31 March 2022While one is likely to have already read an article or two about NFTs (non-fungible tokens), it bears repeating that NFTs are unique authentication certificates representing either ownership of or a licence to an asset and, in most cases, at least so...
Singapore: Revision in IP practice and official fees from April 29, 2022
31 March 2022The Intellectual Property Office of Singapore (IPOS) has announced certain changes to IP practices, as well as a general increase in official fees.
Drawing a parallel between aesthetics and functionality for design protection
28 February 2022Like many counties in the world, India has a strong law for protecting aesthetic creations by way of design registration. The design law protects aesthetic creations and not the functionality. There is often a misconception regarding the eligibility...
Domain names qualifying as IP rights like trademarks?
28 February 2022“What’s in a name? That which we call a rose by any other name would smell as sweet.” This Shakespeare line in Romeo & Juliet is good so long as it means name is nothing but a name. However, in the corporate world, acquired and fancy names play a n...
In the matter of a trademark application by Health & Happiness Hong Kong Limited, and opposition the...
17 January 2022The application mark was used in relation to a communications enterprise that provided tailor-made services, including advertising and marketing. The opponent’s core business is in “Monster Energy” brand energy drinks, and is a leader in the beverage...
The Supreme Court’s landmark decision in Renaissance clarifies the legal test for the infringement o...
17 January 2022On January 19, 2022, India’s apex court delivered its decision in Renaissance Hotel Holdings Inc v. B Vijaya Sai & Ors., Civil Appeal, 404 of 2022, setting the law on the tests to determine trademark infringement, holding that when a defendant uses a...
Deferred examination: Patent strategy or business necessity?
17 January 2022With fierce competition growing, the explosion of patenting activity is visible in all patent jurisdictions. Every patent office lacks the infrastructure and examination capacity to deal with this exponential increase in the filing of patent applicat...