Swatch AG v. Apple Inc.28 February 2023
This decision serves as a reminder that when opposing a trademark on bad faith, opponents and their lawyers should remain disciplined in crafting pleadings and submissions.
Copyright for works created by a neural network28 February 2023
One of the popular technologies of recent years is neural networks – or rather their software implementation, which is built on the principle of functioning of biological neural networks of a living organism, namely its brain.
The inevitability of natural justice under the Indian patent regime28 February 2023
Natural justice is an inseparable ingredient of procedural fairness and reasonableness. It is ranked as a fundamental requirement for the administration of justice.
Moroccanoil gets Injunction against Modi Care in India31 January 2023
In a case in the Delhi High Court, judges heard arguments whether “Moroccanoil,” left, was the same as “Moroccan Argan Oil”, right.
Singapore Patent – Obviousness of Error31 December 2022
A recent decision of the High Court of Singapore has set a precedent for correcting data included in a specification of an application for a patent. In an appeal case between Nippon Shinyaku Co, Ltd and the Registrar of Patents, the High Court has re...
A case of bad faith31 December 2022
The dispute on the FARLIN trademarks has been a long-running saga for the last 30 years between Farling Industrial Co., a Taiwanese corporation, and Cymar International, a Philippine company.
The many faces of the ‘Person Skilled In The Art’ (PSITA)31 December 2022
Despite his many short names like PHOSITA, POSITA and PSITA the “person skilled in the art” enjoys the legal fiction of being a hypothetical person who is presumed to know his technical field like a professional with average knowledge and ability, an...
Unpacking the complexity of amending a patent application in India31 December 2022
The Indian Patents Act (39 of 1970, hereinafter, the Act) allows amendment of a patent specification, both before and after the grant of patent.
Singapore: Corporate names, domain names and social media handles serve as evidence towards trademar...30 November 2022
(the subject mark) under, amongst others, Class 37 for certain services in relation to flooring and maintenance.
Challenges with adding or removing an inventor in a filed Indian patent application30 November 2022
The Ayyangar Committee’s report, which was issued in 1959 and provides the legislative intent behind most of the provisions of today’s Indian patent law, states that an inventor has a moral right to be named as the inventor.
What is so inventive about the invention?30 November 2022
Inventive step has long been the main stumbling block for inventors seeking a patent for their invention. Manisha Singh and Aditya Goel explain how a recent case in India has determined that no matter how simple an invention might appear, it could st...
Beyond well-knowness…30 November 2022
The TATA Group is undoubtedly India’s most famous conglomerate established in the year 1868. The TATA Group is involved in business activities almost across all sectors from salt to aircraft.
Singapore: Importance of the use of a registered mark in a revocation action31 October 2022
In Singapore, a registered trademark may be susceptible to cancellation if it has not been used within five years from completion of registration, or if such use has been suspended for a continuous period of five years or more
Growing laws for growing fraud!31 October 2022
An all-hands-on-deck approach by India to curb misinformation in Digital India
Be Aware if you are using ‘about’ in a patent claim!31 October 2022
Use of the term “about” in a claim is quite common, where the inventor is not sure or unable to pinpoint the exact weight or percentile or volume or thickness, size of particle, etc., of essential elements of the invention to specially address the cl...