LALL & SETHI

Geographical Indications

Tea Board to protect Darjeeling IPR
June 30, 2008: Business Standard

After securing geographical indication (GI) for Darjeeling tea in Europe, the Tea Board is now gearing up to protect the intellectual property right (IPR) of the famed beverage. Tea Board Chairman said at the annual general meeting of Darjeeling Tea Association (DTA) here that protection of IPR was necessary for Darjeeling tea.  more>>>
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Trademark

Himalayan fight over brand
June 25, 2008: Economic Times

Mt Everest mineral water, a Tata company, is fighting a legal battle with Bisleri International over the use of the word Himalaya in its mineral water branding. The company has approached the Delhi High Court seeking an injunction preventing Bisleri from using the word Himalaya or Himalayan as a trademark.  Mt Everest has sought an interim order restraining Bisleri International from using these words in relation to bottled water.  more>>>
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Settle trademark row between Toshiba,Tosiba: SC to Delhi HC
June 29, 2008: deccanherald.com

The Supreme Court has asked the Delhi High Court to settle the dispute between Japanese electrical giant Toshiba Corporation and Tosiba Appliances Co of India, over the use of brand names 'Toshiba' or 'Tosiba.'  While quashing the Calcutta High Court judgement transferred the matter to the Delhi High Court.  It also asked the High Court to decide whether a company can use a similar brand name belonging to a reputed company if the later had ceased to produce any such products under the impugned brand name for more than seven years.  more>>>
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Start-up sues Google over e-mail switching tool
June 24 2008: newindpress.com

Google Inc was named in a trade secrets lawsuit alleging that the company's business software unit copied a tiny start-up's tool for moving customers off of Microsoft software onto Google's. LimitNone LLC filed a complaint in an Illinois circuit court alleging that Google at first began promoting the smaller firm's tool for migrating Microsoft Outlook customers to Gmail, then copied the idea and went into competition with it.  more>>>
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Patent

Pharma cos hit by new Patent Act concoction, filings drop 41%
July 07, 2008: Economic Times

Patent applications filed by Indian pharma firms have witnessed a sharp fall of 41% during FY08. Data provided by the Controller General of Patents shows that only 449 patent applications were filed in 2007-08 compared to 765 filed in 2006-07. This is the first dip in number of patent applications by Indian companies in the past four years. It was on a steady rise since 2004. In FY05, 278 patents were filed while in FY06, 542 applications were filed.  Among the domestic pharma firms, Ranbaxy has filed 208 patent applications in the last two years while Cipla has filed 53 patents since 2006. Nicholas Piramal filed one application in 2006-07 and four in 2007-08. Unimark Remedies filed three applications in 2007-08.  more>>>
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Patent office to hear drug firms` views before granting licence
July 07, 2008: Business Standard

The Indian patent office will provide drug innovators a chance to explain their views before a decision to grant compulsory licences against their patented medicines is taken. The patent office's decision has, for the first time, set rules for examining compulsory licence applications from local companies against multinational drug majors like Pfizer and Roche. The patent office on July 4 dismissed a petition filed by Natco Pharma opposing the patent office's move to seek the opinion of Pfizer before granting a compulsory licence to Natco. The application seeks granting a compulsory licence to manufacture and export generic version of Pfizer's patented cancer medicine, Sunitinib, to Nepal.  more>>>
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Tackling software patents innovatively
July 03, 2008: Business Standard

The contentious issue of software patents is rearing its head again, both in India and globally. The Indian Patent Office, for instance, invited companies and institutions to comment on its Draft Manual 2008 - Patent Practice & Procedure (software patents included) this April. The responses from companies are varied since they address the patents' issue across sectors.  more>>>
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German firm denied AIDS drug patent
June 20, 2008: Economic Times

The Delhi patent office has rejected German pharma major Boehringer Ingelheim’s product patent application for its paediatric form of the anti-AIDS drug Nevirapine. The drug is syrup given to children with HIV who are unable to swallow tablets. Delhi-based socio-legal group, Lawyer’s Collective, had filed a pre-grant opposition to the application in May 2006 on behalf of patients’ groups. Under section 3(d) of the Indian Patents Act, new forms of known substances cannot be patented unless there is a significant enhancement of efficacy.  more>>>
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Domain Registrations

Enforcement of Trade Marks

Salient Features of The Trade Marks Act, 1999

The Patents (Amendment) Bill 2005

Indian Court Grants Punitive Damage for Trade Mark Violation

Supreme Court on Injunctions

Supreme Court of India Reiterates its commitment to Protect Well-Known Foreign Brands

Landmark Supreme Court of India Decision on USE of Trade Marks

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