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23 May 2019

Bombay High Court quotes Mahatma Gandhi in yet another decision imposing heavy costs on infringers

In Nippon Steel & Sumitomo Metal Corporation v Jain, the Bombay High Court has decided to make an example of the defendants and imposed hefty costs of Rs50 million.

14 May 2019

Procedures and strategies for anti-counterfeiting: India

The Penal Code sets out punishments for cheating, counterfeiting and possession of instruments for making counterfeits, among other things. The code’s provisions can be invoked in criminal actions, in addition to the provisions of specific statutes.

15 March 2019

Beyoncé trademark battle, Saudi fees fall, and HP on Paraguay fakes approach: news digest

In our latest edition, we look at India taking a step towards aligning itself with the global trademark system, Ghostbuster Dan Aykroyd prevailing in an infringement case, and much more.

28 February 2019

Delhi High Court imposes substantial punitive damages on habitual infringers

In Whatman International Limited v Mehta, the Delhi High Court has taken a stern stance against habitual infringers. The decision shows that the Indian courts are increasingly adopting a zero-tolerance policy in such cases.

29 October 2018

How India is helping brands combat counterfeiting

India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise.

24 October 2018

“Counterfeiters have no compunction about hurting or killing people”: exclusive interview with Gilead’s Gretchen Stroud

WTR spoke to Gilead's Gretchen Stroud about the fight against fake drugs being sold on social media, the trademark challenges that arise when drugs go off-patent, and much more.

12 September 2018

Trademark procedures and strategies: India

The Indian courts have taken the lead in issuing landmark decisions on several issues, including recognition of trans-border reputation and goodwill, trademark violations in respect of unrelated goods, online counterfeiting and protection of celebrity rights.

03 September 2018

<strong>Plain packaging in India moves closer following Supreme Court decision and upcoming amendments</strong>

In the coming days, new governmental amendment rules in India are set to take effect that, according to one expert, suggest that a move towards full plain packaging in the country is only a matter of time.

30 July 2018

The struggle to interpret Indian jurisdiction in online transactions

When it comes to exercising jurisdiction in online disputes, Indian jurisprudence has some way to go – but case law analysis may provide critical insight.

24 May 2018

Procedures and strategies for anti-counterfeiting: India

The Trademarks Act is the principal legislation governing trademarks in India. The act provides both civil and criminal statutory remedies against the infringement of a registered trademark.

15 May 2018

Ferrero awarded Rs1 million in damages for infringement of Ferrero Rocher trade dress

The Delhi High Court has issued a permanent injunction preventing Ruchi International from selling lookalikes of Ferrero Spa’s Ferrero Rocher chocolates.

11 April 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

13 March 2018

Procedures and strategies for pharmaceutical brands: India

Indian trademark law prohibits registration of marks which are descriptive in nature or devoid of distinctiveness, except where the mark has acquired distinctiveness or secondary significance on account of its use, publicity and popularity.

02 November 2017

Territorial jurisdiction in the new interconnected world

The Delhi High Court was recently held to have jurisdiction to try a suit despite the defendants being based in the United Arab Emirates. As the defendant sold its goods and services through app stores and e-commerce portals, the court found that online sales are "virtually the same thing as a seller having shops in that place in the physical world”. This decision will help IP owners to take swift action against counterfeiters and infringers which exploit the anonymity of the Internet.

01 July 2017

Notorious markets: where to police

In the second of a two-part series, we profile markets which were omitted from the Office of the US Trade Representative’s Notorious Markets List, but which brand owners should have on their radars. This issue, we turn our attention to Asia and Africa