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India: Non-Conventional Trademarks In India

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Last Updated: 9 March 2016
Article by Shristi Bansal
LexOrbis
Traditionally, the subject matter of trademarks includes words, logos, symbols or a combination thereof. The Indian Trademarks Act, 1999 (the 'Act') defines trademarks as "a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours."
In the day and age of aggressive marketing, numerous techniques are adopted to capture the attention of the consumers. This is where the non-conventional trademarks come into play. Non-conventional or non-traditional trademarks are those marks which are beyond the purview of traditional trademarks and therefore consist of marks originating from shapes, sounds, smells, tastes and textures. Although not specifically mentioned in the Act, the definition of a 'trademark' incorporates the non-conventional marks as well…


Source: http://www.mondaq.com/india/x/472602/Trademark/NonConventional+Trademarks+in+India

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Falling afoul of IPR? Giant corporations suing poor farmers from developing countries, says UN report

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Mar 9, 2016 09:20 IST
Giant agricultural corporations are seriously impacting the right to food of women, especially in developing countries like India by increasingly suing farmers for breaching patent laws, a UN expert said.
“These big companies are suing farmers because the farmers are using (patented seeds) without the permission (from agricultural corporations) or (are not) buying the particular seeds. This is a very serious issue and millions of dollars the corporations are taking from the farmers because they (farmers) are no longer owning the seeds,” said Hilal Elver, UN special rapporteur on the right to food on Tuesday in Geneva….

Source: http://www.firstpost.com/world/falling-afoul-of-ipr-giant-corporations-suing-poor-farmers-from-developing-countries-says-un-report-2664464.html

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Our product standards lack an IPR context

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R SAHA

Over the last few years India and many countries have been witnessing increased litigations and debates on royalty payments and terms for licensing of standard essential patents, utilised in complex technology areas such as mobile telephony.
Indian jurisprudence in this regard, specially handling royalty issues, is at a nascent stage. There is an urgent need to address the issue in view of growing number mobile users in India and preference for the latest technologies.
Mobile telephony technologies embrace text, voice, data, videos, animation, graphics, at the same time. High speed, accuracy, consistency and reliability, the hallmark of mobile telephony, are possible only through adherence to well-developed open standards driven by patents, extensive research and collaboration among nations and companies….


Source: http://www.thehindubusinessline.com/opinion/our-product-standards-lack-an-ipr-context/article8324280.ece

 

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DRDO’s patent technology now with Pune start-up firm

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Written by Sushant Singh, New Delhi    Published:Jan 25, 2016, 1:46

In the first ever initiative of its kind, Defence Research and Development Organisation (DRDO) has provided its patented Copper-Titanium (CuTi) alloy technology for commercial exploitation to a start-up company. The agreement between DRDO and Pahwa Metal Tech Pvt Ltd was signed on the sidelines of the Start Up India event at Delhi last week.

CuTi technology is patent protected by DRDO and the Pune-based start-up has been granted an exclusive license to manufacture these products in India and sell them globally. DRDO will charge an upfront Transfer of Technology fee and a royalty that will be paid over 10 years.

Source: http://indianexpress.com/article/business/companies/drdos-patent-technology-now-with-pune-start-up-firm/#sthash.Q2vbX68V.dpuf

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IIT-M Lads Design Foldable Rail Ramp

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By Ram M Sundaram
Published: 25th January 2016 03:02 AM
Last Updated: 25th January 2016 03:02 AM

CHENNAI:  Ever wondered why railway coaches should have just the vertical footboard that is risky for passengers? This could soon change if the idea of a group of IIT Madras students, who have designed a semi-automatic one to be fitted to the coaches, becomes a reality.
Designed at one of India’s premium technology institute’s tech festival Shaastra, the idea has already attracted the attention of top Railway officials.  Impressed by this project idea along with two other ones that won the ‘Indian Railways Design Challenge’, Railway officials have decided to try out these modifications in upcoming coaches.  The contestants were asked to design a suitable mechanism or device that could be fitted to the bogie or moved about on the platform without major alterations to the coaches.
Source: http://www.newindianexpress.com/cities/chennai/IIT-M-Lads-Design-Foldable-Rail-Ramp/2016/01/25/article3243423.ece

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Nestlé loses high court battle to trademark shape of KitKat

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Nestlé has failed in its attempt to trademark the shape of KitKat in the UK, opening the door for rivals to launch copycat products.
The high court ruling on Wednesday was the culmination of a long-running legal battle between Nestlé and Cadbury that has involved hearings in Britain and courts elsewhere in Europe.


Source: http://www.theguardian.com/business/2016/jan/20/kitkat-nestle-loses-high-court-bid-trademark-shape

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Scheme for Facilitating Start-UPs Intellectual Property Protection ( SIPP)

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The Government of India launches "Scheme for Facilitating Start-UPs Intellectual Property Protection ( SIPP)" to promote awareness and encourage IPR protection amongst Start-Ups. Scheme for Start-Ups

Sourcehttp://www.ipindia.nic.in/iponew/facilating_StatupIndia_SIPP_18Janaury2016.pdf

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Govt to bear patent cost, relax procurement norms for startups

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To encourage young entrepreneurs and innovation, government has decided to bear the entire cost of facilitation for filing of patents, trademarks or designs as well as relaxed public procurement norms for start-up s.

Source: http://www.moneycontrol.com/news/economy/govt-to-bear-patent-cost-relax-procurement-norms-for-startups_5043761.html?utm_source=ref_article

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National IPR policy to give fillip to economic growth: Ram Vilas Paswan

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By PTI | 15 Jan, 2016, 05.41PM IST

NEW DELHI: The government is drawing up the contours of a national Intellectual Property Rights (IPR) policy and its implementation will provide an impetus to growth, Union Minister Ram Vilas Paswan said today.

Source: http://economictimes.indiatimes.com/articleshow/50592484.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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Firm owned by Gujarati faces patent lawsuit

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TNN | Jan 17, 2016, 02.37 PM IST

Surat: A synthetic diamond manufacturing company owned by a Gujarati diamantaire is facing litigation from De Beers subsidiary, Element Six Technologies Ltd, for alleged infringement of its patents related to synthetic diamond material production…

Source: http://timesofindia.indiatimes.com/city/surat/Firm-owned-by-Gujarati-faces-patent-lawsuit/articleshow/50612733.cms

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