Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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India

New 11 AUGUST 2022

Shaping the law: high court clarifies requirements for shape marks

A recent case has prompted the Delhi High Court to reiterate the necessity for shape marks ― which have a notoriously high threshold for registration ― to have a secondary meaning.

27 JULY 2022

Supreme Court elevates copyright infringement to a serious non-bailable offence

New interpretation of copyright law makes infringement a cognisable, non-bailable offence for which an individual can be arrested. The effect of this strong ruling on creative freedom remains to be seen.

21 JULY 2022

Courts examine keyword advertising as trademark infringement

Indian courts are deciding whether using a registered trademark as a keyword on the Google Ads service amounts to use of a mark, and, if so, whether this provides an unfair advantage by misleading consumers.

07 JULY 2022

Spotlight on the right-to-repair movement and IP rights in India

The growing right-to-repair movement is demanding that manufacturers stop suppressing consumer and third-party repairs; however, manufacturers claim that this will force them to reveal proprietary technology and that poor-quality repairs will create brand dilution. Trends in India favour access to quality goods at free market prices.

16 JUNE 2022

Landmark interpretation could bring significant changes to Indian trademark practice

In a recent ruling, the deputy registrar concluded that the processing of a trademark application can be expedited at any stage up to its final disposal by filing a suitable application at the appropriate time. The decision has wide-ranging ramifications and is bound to come up for analysis again sooner rather than later.

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