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Category: Intellectual Property

Pharmaceutical trademarks – how to know if a drug name is available or not?

March 21, 2014
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| Categories: Intellectual Property, Trademark

Small Pharma Companies: How to know if a drug name is available or not? Pharma industry contributes more than any other sectors to the trademark industry by filing number of applications for trademark registration.  This is apparently backed up by the recent Annual Report 2012-2013 published by The Controller General of Patents, Designs and Trade Marks (CGPDTM). Trademarked vs Non-trademarked names Trademark is not necessarily a subject matter of first-to-file basis unlike patent applications.  Trademark can be aptly defined as a “mark” used in trade to distinguish one’s goods from others.  It makes more sense as to who adopts the marks early and how well the adopted mark is exploited in trade. This is typically the case in most of the oppositions....

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Indian Trademark Office gets 100% computerized, paperless, including RTI!

March 12, 2014
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| Categories: Intellectual Property, Trademark

Sequel to the previous notifications, a third notification from CGPDTM today notified the release of online facility for all Trade Marks forms through comprehensive e-filing services of Trade Marks. Only a few days ago we wrote about the first and second notifications which incorporated up to 57 forms.  The third notification comes as a surprise today, although we noticed inclusion of some new features a couple of days ago. India is a signatory to TRIPS and as part of its TRIPS compliance, it is required to get its IP operations fully computerized and digitized. For most countries, July 2014 was the deadline for TRIPS compliance. Filing RTI through the system Most interesting fact is that this update includes a system to...

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Jibe sparks trademark application for “Namo Tea Party” in Class 45

March 3, 2014
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| Categories: Intellectual Property, Trademark

Controversial Remarks The controversial remarks from opponent political parties over Mr. Narendra Modi's as a Prime Ministerial candidate seem to have worked a lot in Mr. Modi's favor.  While BJP is moving ahead with its chai pe charcha campaign to gather massive support from public for its Prime Ministerial candidate Narendra Modi, some of his supporters went an extra mile by seeking trademark registration for 'NaMo Tea Party'. The 'Chai pe Charcha' (discussion over tea) campaign was first launched by BJP to counter a jibe made by a Congress leader at Narendra Modi (NaMo) for selling tea in his earlier years. Application for "NaMo Tea Party™" in Class 45 Mr. Shailesh Tiwari, based in Ahmedabad, who calls himself convener of 'Namo Tea...

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How to file copyright online in India?

March 2, 2014
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| Categories: Copyright, Intellectual Property

Steps to file your copyright application online However, the e-filing is not 100% online and the process is a mix of 80% online and 20% offline.  Here are the steps to accomplish registration: Enter your valid User ID and Password to login. Click onto NewUser Registration, if you have not yet registered. Note down User ID and Password for future use. After login, click on to link “Click for online Copyright Registration”. The online “Copyright Registration Form” is to be filled up in four steps Complete the Form XIV, then press SAVE button to Save entered details, and press Step 2 to move to Next Step. Fillup the Statement of Particulars, and then press SAVE button to Save entered details, and press Step 3/4...

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Indian Copyright Office goes online again!

March 2, 2014
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| Categories: Copyright, Intellectual Property

Filing Copyright Online E-filing or online filing system at Indian Copyright Office was introduced back in 2009 and continued to function until the late 2011 or early 2012 when it came to a halt.  At least for the whole year of 2013 it was almost nonfunctional. During that period, the Indian Copyright Office had been accepting applications only in paper form, up until a few days when it went online again. Copyright e-Filing System goes user friendly Unlike the e-Filing system deployed by patent and trademark registry, it does not require any form of special encryption such as a digital signature certificate to use the e-filing system.  All one needs is a bona-fide intent to apply for copyright (pun intended),...

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New Indian Patent Rules 2014 comes into effect w.e.f. Feb 28

February 28, 2014
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| Categories: Intellectual Property, Patents

New Patent Rules 2014 Last year shortly after the Patent Agent Exam in 2013, IPO notified the proposal for amendment of patent rules and had invited comments from the stakeholders and public.  The new amendments mainly had to do with increment in fee structure and introduction of new forms. Today, Government of India notified that Patents (Amendment) Rules 2014 has come into force w.e.f. 28 February 2014. The said rules are available on the official website of the Department of Industrial Policy and Promotion (Ministry of HRD), www.dipp.nic.in, and of the Office of Controller General of Patents, Designs and Trade Marks, www.ipindia.nic.in. What has changed now? A sneak peek at the latest amendment reveals the following: Increased fee structure Introduced of a new...

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