Month: October 2024

Section 3(d) Strikes Again: Nippon Steel v. Controller General of Patents

Introduction Section 3(d) of the Indian Patent Act (hereinafter, “the Act”) bars the patentability of new uses or new forms of known compounds and compositions unless these changes result in significant therapeutic efficacy. Various judgments have established precedents clarifying non-patentability objections, particularly those under Section 3(d) of the Indian Patent Act.  In a recent judgment […]
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Introduction to Trademark Registration in India

In today’s competitive business environment, trademarks play a crucial role in establishing brand identity and protecting intellectual property. Trademark registration in India, governed by the Trademark Act of 1999, provides a structured process for securing exclusive rights to use a mark. This article explores the significance of trademark registration, the steps involved, and its benefits […]
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Should Celebrities Register their Names and Images as Trademarks in India?

Introduction In recent years, many celebrities have sought to protect their reputation and popularity by registering their birth names and professional names as trademarks worldwide. In India, while ‘celebrity’ isn’t clearly defined in IP law, the Copyright Act uses ‘performer,’ which includes actors, singers, musicians, dancers, and other public entertainers. Historically, trademark offices were hesitant […]
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At a Glance: Design Registration in India

Introduction In today’s highly competitive market, the visual appeal of a product can be just as important as its functionality. From the sleek curves of a smartphone to the distinct contour of a bottle, a product’s design plays a pivotal role in shaping its identity and market success. Design registration offers a legal mechanism to […]
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Navigating Patent Prosecution in India: A Comprehensive Guide

Introduction Patent prosecution is a crucial process in intellectual property law, encompassing all the steps involved in securing a patent. The Patents Act, 1970 is the core law that deals with patent applications under India’s filing and regulatory framework. In India, patent prosecution is divided into two main phases: pre-grant prosecution and post-grant prosecution. Each […]
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