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14 March 2019

India’s upcoming data protection regime

India is on the cusp of enacting its first comprehensive legislation on data protection, a natural fallout of the nine-judge constitution bench of the Supreme Court recognising the right to privacy as a fundamental right in the historic judgment Justice KS Puttaswamy v Union of India (24 August 2017).

28 January 2019

Litigation procedures and strategies: India

In 2015 the Indian legislature passed a new act – the Commercial Courts Act – which came into effect in January 2016, with the objective of streamlining and expediting commercial lawsuits, including IP disputes. 

07 January 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata.

28 December 2018

IP India report reveals that Trademarks Registry has more work to do

The Trademarks Registry has made substantial progress to clear the backlog of opposition cases. Nevertheless, with fierce competition among emerging economies, there is more to be done.

13 December 2018

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion.

29 October 2018

India: the dawning of a new day

The Indian trademark office has made significant strides in improving its operations, efficiencies and digital efforts over the past 18 months. We look at how these could shape trademark protection in India in the coming years.

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.

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.

31 August 2018

<strong>Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up</strong>

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more.

03 August 2018

MISS EARTH case: ex parte injunction vacated as plaintiff suppressed material facts

An Indian court has vacated an ex parte injunction preventing the defendants from using the mark MISS EARTH as a title in respect of a beauty pageant.

19 June 2018

Setback for Louboutin as Delhi High Court rules that single colour cannot be a trademark

In a blow to Louboutin’s efforts to enforce its ‘red sole’ mark worldwide, the Delhi High Court has held that a single colour does not qualify as a ‘mark’ under the Trademarks Act.

18 May 2018

Flurry of royal wedding marks, Israel added to TMview, and India unveils IP mascot: news round-up

In our latest round-up, we look at a number of trademarks that appear to be related to Prince Harry and Meghan Markle, the USPTO unveiling a new resource center, the sale of the Toys-R-Us brand, and much more.

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.

25 April 2018

Victory for Coca-Cola: Delhi High Court grants permanent injunction against use of KINLEY

The Delhi High Court has issued a permanent injunction prohibiting Glacier Water Industries from using Coca-Cola’s KINLEY mark and passing off its goods as those of Coca-Cola.

19 April 2018

MakeMyTrip accused of stifling competition; injunction in its favour set aside

In Makemytrip v Orbit, the Delhi High Court has set aside an interim injunction granted in favour of MakeMyTrip, finding that the latter was guilty of suppression of facts.