Whirlpool of India Vs Videocon Industries

Plaintiff :-  Whirlpool of India Ltd Defendant :- Videocon Industries Ltd. Introduction Whirlpool had in 2012 challenged a washing machine designed by Videocon as having “virtually the same design, features, shape, colours and configuration” as its product for which Whirlpool already had a decade or more already registered a design. Videocon however had struggled to[…read more ]

Post-Grant Opposition In India

INTRODUCTION: Indian Patent Act 1970, offers provision to community to raise objection against grant of patent by filing opposition with patent office. There are two types of oppositions: 1) Pre-grant opposition: Opposition can be done before the grant of patent. 2) Post-grant opposition: Opposition can be done after the grant of patent. Here, we are[…read more ]

The Tryst Between Intellectual Property and Blockchain Technology

By Saiesha Dhawan, Intern at Excelon IP Introduction  In today’s date, blockchain technology is commonly associated with cryptocurrency and NFT, which these concepts are inherently linked, blockchain technology has a lot to offer independently. The technology was initially created to secure a chain of blocks cryptographically so that the timestamps in the documents couldn’t be[…read more ]

India: Copyright Societies & Their Roles

By: DHRUV PANDYA, Intern at Excelon IP The following blog discusses Copyright Societies and their functions, meaning, registration in India, active copyright societies in India as well as collection & distribution of monetary value (as commission & royalty) by copyright societies.  Copyright societies are formed collectively by a group of authors and other owners of[…read more ]

Comprehensive Study on Section 9 for Absolute grounds for refusal of registration and Section 11 for Relative grounds for refusal of registration of Trademark Act, 1999.

By Rekha Anand The comparative nature of Sections 9 and 11 are primarily based on the Grounds of Refusal.  Section 9 Section 11 Marks that are devoid of distinctive character  Marks which create confusion in public  Marks that serve to designate the kind, quality, intended purpose, values, geographical origin or the time of production of[…read more ]

An Overview of Design Protection

Amongst different kinds of Intellectual Property Rights, the one most important is Industrial Design Protection Act where the design system focuses on the aesthetic feature of an article derived from its visual appearance. The Design Protection law has a right to protect the shape, configuration, pattern, ornament or combination of lines or colors applied to[…read more ]

All you need to know about Trademarks

What is a Trademark? A Trademark is a mark that uniquely represents a business or the product. It has the capability of identifying and distinguishing each product. By receiving the trademark registration, one gets exclusive rights & can prevent others from exploiting. What do Trademarks do? A trademark will help to protect certain aspects of[…read more ]