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The Associated Chambers of Commerce and Industry of India has proposed the establishment of a National Intellectual Property Right Strategy Authority. The authority would be tasked with increasing the number of trademark filings. Crucial to success will be ensuring that resources are directed towards the efficient handling of an upswing in applications.
In a landmark judgment, a division bench of the Delhi High Court has held that Indian trademark law follows the principle of international exhaustion of trademark rights. The decision raises questions over how brand owners can tackle the issue of parallel imports into the country, but one counsel tells WTR that the judgment should not be viewed as a setback for the enforcement of trademark rights in India.
World Trademark Review is pleased to announce the publication of the second edition of India: Managing the IP Lifecycle.
iVoice Ventures Private has issued a press statement expanding on its move to contest “all pending/registered IPHONE trademarks through opposition and rectification/cancellation actions” in India. The dispute highlights a conundrum that companies can face when expanding internationally whether to fight on via established legal processes or seek a deal in a bid for speedy resolution when others cry foul.
India’s IPR Think Tank has made a series of recommendations designed to establish the country as, in the words of its proposed national slogan, ‘Creative India; Innovative India’. Making these plans a reality will require both political momentum and, crucially, significant funding.
Over the past few years, legislation in India has moved to open up the lucrative consumer market to international multi-brand retailers. However, this week the new Indian government signalled its intention to reverse the previous administration’s policy, raising questions for those planning to enter the market and for the trademark counsel preparing for such entry.
The Confederation of All India Traders has stepped up pressure on the Indian government to pass a new Consumer Protection Bill which contains provisions designed to hold brand ambassadors liable for misleading endorsements. While there have been fears that the move could significantly impact brand and marketing strategies in the country, close reading of the bill suggests that the clampdown may not be as severe as it appears at first sight. In fact, responsible brands and celebrities could both benefit.
As the Indian trademark office steps up its efforts to clear its long-standing backlog and process the rapidly rising numbers of applications, one practitioner has observed a resulting spike in clients receiving provisional refusals to international applications designating the country. However, rather than a cause for alarm, she argues that this trend is a natural consequence of the office upping its game.
India’s trademark office has revealed the abandonment of tens of thousands of trademark applications. The move, which was followed by reports that a large number of files had been abandoned incorrectly, caused concern in the trademark community, with INTA urging the reversal of the abandonment orders with immediate effect. Today the office announced that affected applicants have until April 30 to evidence that an application has been erroneously treated as abandoned.
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