Author Archive

The Trademark Rules 2017 – The online filing system version 3.0

The Trademark Rules 2017 were finally notified on March 6, 2017 after months of speculation and several mistimed email blasts notifying people of its imminent adoption. The crux of the draft rules hasn’t changed, since its publication in November 2015

Read More

The Case of the Innocent Domain Squatter

We all have different reasons for getting into the study and practice of law. Regardless of whether you have parents/family members with a thriving practice who need an heir, to not getting into any other course or if you’re like

Read More

11th Edition of NICE Classification to come into force in 2017

The World Intellectual Property Organization [WIPO] recently passed a notification in their Gazette dated October 24, 2016 notifying the public that the NICE Classification of goods and services was to be amended and that the eleventh [11th] edition was to

Read More

Indian Trademark Office abandons 1,66,771 Trademark Applications

Note: At the outset, please note that this is not an April Fool’s joke! This is very real, though the timing of it is unfortunate. The end of the financial year in India, generally has companies on edge. Accounts teams

Read More

Filing a suit in Delhi could get 10 times more expensive.

The Indian Parliament on August 6th 2015 passed the Delhi High Court (Amendment) Act, 2015 which was published on August 10, 2015. The Act is rather short and contains two changes – a) that the pecuniary jurisdiction of the Delhi High Court would be raised from 20 Lakhs (approx. USD 30,000) to 2 crores (approx. USD 300,000) and b) that cases which were already pending with the Delhi High Court may be sent down to the subordinate Courts. This tenfold increase in the pecuniary jurisdiction was brought about to reduce the work load of the Delhi High Court and given the rising costs, help those aggrieved to reach out to their nearest District Court.

Read More

University Patents – Can your project work be patented?

There’s a rather common meme that was doing the rounds on social media which stated that “India is a country where we first become an “Engineer” and then think of what we really want to become” The number of people who identified with the statement was staggering and it’s not too hard to imagine. With medicine and engineering the top two things Indian parents want their kids to study (gotta be thankful to my folks who let me study law) it’s not hard to believe. The All India Council for Technical Education (AICTE) estimates that there are approximately 1.7 million students in India who graduate with a degree in engineering each year.

Read More

The Curious Case of Indian Startups and Trademarks

I have a startup story and it’s not a pleasant one. So if you’re expecting to read tales of college grads hunched over laptops in a basement, who created something unique, got funded and are billionaires by the time they are twenty eight, stop reading right away.

Read More

5 common defenses I’ve heard domain squatters use during negotiation

There’s an instinct within most us that prompts us to lie or state the most ludicrous things when accused of being in the wrong. This primordial feeling (which may be what helped us survive) of justifying and rationalizing one’s actions is most evident in negotiations with trademark infringers and domain squatters (someone who registers a domain name with the intent to profit from the goodwill of a trademark belonging to someone else). While there are judicial fora to retrieve domains like the National Arbitration Forum for .com domains and the .IN Registry for .in domains (discussed in detail here) domain disputes don’t always go through them. On many occasions, the squatter is just sent a nicely worded cease and desist notice to stop using the domain and to transfer it to the rightful owner and negotiations ensue.

Read More

Do I really need an IP/ Contract lawyer when I have Google

I swear I can almost hear that thought passing through the cerebral cortex of many a client when it comes to discussing charges. Never mind that, as a part of a mid sized firm, I deal with flat fees instead of hourly and advise on strategic ways to reduce costs, when it comes to contract and prosecution of intellectual property, most people think they can do it on their own without a lawyer.

Read More

Intellectual Property Cases – restoring faith in the Indian Judiciary

The efficiency of the Indian judiciary has been the subject of many a discussion at both professional and personal gatherings that I’ve attended. The media has covered the overwhelming case backlog and seemingly infinite expanse of time that it would take to clear them. Most often the general public believes that taking something to Court, would end up in a judgement approximately two decades later, orders that rarely benefit either side, a staid interpretation of the law and that the only persons who benefit out of the entire proceedings would be the lawyers. While this may be the rule, I’ve found that recent cases involving intellectual property, seem to be a refreshing exception to the rule, some of which I’ve listed out below:

Read More