Section

IP Analysts

ASCI guidelines for advertising and promotion of virtual digital assets and services

ASCI guidelines for advertising and promotion of virtual digital assets and services

24 June 2022

A lack of structural framework for regulation of virtual digital assets, such as NFTs and cryptocurrencies, and the advertisement of such in India, has resulted in ambiguous and opaque advertisements.

The Protection of Traditional Knowledge Bill, 2022

The Protection of Traditional Knowledge Bill, 2022

30 April 2022

India is a goldmine of traditional knowledge which, put in simple words, is ancient wisdom handed down from generation to generation, and organically imbued in one’s daily life. Every time we sit cross-legged while eating for better digestion, s...

Daimler AG v. Vivo Mobile Communication Co., Ltd.

Daimler AG v. Vivo Mobile Communication Co., Ltd.

30 April 2022

The case concerns an opposition in Singapore by Daimler AG (the opponent) to a trademark application by Viva Mobile Communication Co. (the applicant) to register (the application mark). The opponent had opposed the application on two grounds: namely,...

TRIPS and international pressure on high-income countries to accept TRIPS waiver

TRIPS and international pressure on high-income countries to accept TRIPS waiver

30 April 2022

In the wake of the ongoing Covid-19 pandemic, there is an ever-growing urgent need to supply vaccines, new medicines and testing kits, protective clothing etc. With almost 5.9 million lives lost to the Covid-19 pandemic in the last two years (as per...

NFTs: The India update

NFTs: The India update

31 March 2022

While one is likely to have already read an article or two about NFTs (non-fungible tokens), it bears repeating that NFTs are unique authentication certificates representing either ownership of or a licence to an asset and, in most cases, at least so...

Singapore: Revision in IP practice and official fees from April 29, 2022

Singapore: Revision in IP practice and official fees from April 29, 2022

31 March 2022

The Intellectual Property Office of Singapore (IPOS) has announced certain changes to IP practices, as well as a general increase in official fees.

Drawing a parallel between aesthetics and functionality for design protection

Drawing a parallel between aesthetics and functionality for design protection

28 February 2022

Like many counties in the world, India has a strong law for protecting aesthetic creations by way of design registration. The design law protects aesthetic creations and not the functionality. There is often a misconception regarding the eligibility...

Domain names qualifying as IP rights like trademarks?

Domain names qualifying as IP rights like trademarks?

28 February 2022

“What’s in a name? That which we call a rose by any other name would smell as sweet.” This Shakespeare line in Romeo & Juliet is good so long as it means name is nothing but a name. However, in the corporate world, acquired and fancy names play a n...

In the matter of a trademark application by Health & Happiness Hong Kong Limited, and opposition thereto by Monster Energy Company

In the matter of a trademark application by Health & Happiness Hong Kong Limited, and opposition the...

17 January 2022

The application mark was used in relation to a communications enterprise that provided tailor-made services, including advertising and marketing. The opponent’s core business is in “Monster Energy” brand energy drinks, and is a leader in the beverage...

The Supreme Court’s landmark decision in Renaissance clarifies the legal test for the infringement of trademarks

The Supreme Court’s landmark decision in Renaissance clarifies the legal test for the infringement o...

17 January 2022

On January 19, 2022, India’s apex court delivered its decision in Renaissance Hotel Holdings Inc v. B Vijaya Sai & Ors., Civil Appeal, 404 of 2022, setting the law on the tests to determine trademark infringement, holding that when a defendant uses a...

Deferred examination: Patent strategy or business necessity?

Deferred examination: Patent strategy or business necessity?

17 January 2022

With fierce competition growing, the explosion of patenting activity is visible in all patent jurisdictions. Every patent office lacks the infrastructure and examination capacity to deal with this exponential increase in the filing of patent applicat...

Non fungible tokens (NFTs) – What is the brouhaha all about?

Non fungible tokens (NFTs) – What is the brouhaha all about?

17 January 2022

Non-fungible tokens, or NFTs as they are popularly known, have taken the world by storm – so much so that Collins Dictionary picked NFT as the word of the year in 2021. It defines a NFT as “a unique digital certificate, registered in a blockchain tha...

How skilled is a “Person Skilled In The Art” supposed to be?

How skilled is a “Person Skilled In The Art” supposed to be?

17 January 2022

Patent laws of various jurisdictions stipulate inventive step as one of the requirements for patentability. The step has been stipulated so that a trivial and insignificant variation, which a person may deduce as an obvious consequence of the prior a...

Third-party observations in industrial designs

Third-party observations in industrial designs

17 January 2022

Assessing genuine use and distinctive character of a registered trademark in Singapore

Assessing genuine use and distinctive character of a registered trademark in Singapore

30 November 2021

The Singapore trademark law provides for two ways through which a party may seek to challenge a third party’s mark that has already been registered, namely: revocation and invalidation. In relation to revocation, Section 22(1) of the Trade Marks Ac...

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