LKS IPR Amicus, June 2024

Article

A rising need for a modern understanding of ‘Traditional Knowledge’ under Indian patent law

The first article in this issue of IPR Amicus sheds light on the current Indian Patent Law associated with safeguarding Traditional Knowledge. It discusses various case law and the Indian Patent Office’s Guidelines for processing patent applications relating to traditional knowledge and biological material. According to the authors (Aashmeen Kaur and Dr. Malathi Lakshmikumaran), keeping in view the recent time-honoured recognition given to traditional knowledge by the WIPO treaty, a statutory definition of the term as well as judicial interpretation of Section 3(p) of the Patents Act, 1970 can help both the Examiners and the Applicants.

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Trademark Siesta: The risks of neglecting use of a trademark

The second article in this issue of the newsletter discusses at length nuances of cancellation of a trademark due to non-use. Deliberating upon the legal framework for non-use cancellation and a recent Delhi High Court decision on same, the authors (Vindhya S Mani, Divya Vishvapriya and Nabanita Mallick) also list certain strategies which may be implemented by the trademark owners to avoid non-use cancellation. According to them by understanding the risks of non-use and taking proactive steps, one can protect a brand’s goodwill, and identity and ensure that the trademark remains a valuable asset for business.

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Ratio decidendi

• Patent claims – Amendment is to be allowed if amended claim is a subset of original claim – Delhi High Court
• Trademarks – Use of same alpha numeral as part of trademark – Anti-dissection rule when not applicable – Delhi High Court
• Trademarks – Disclaimer does not strip the trademark owner of common law rights acquired through extensive and recognized use – Delhi High Court
• Trademarks – Reverse passing-off on sale of refurbished goods – Delhi HC directs refurbishers to state certain things on packaging, promotional literature, etc.

News Nuggets

• WIPO adopts treaty to protect traditional knowledge and genetic resources
• McDonald’s loses exclusive right to use ‘Big Mac’ for poultry products in EU

Read the full June 2024 newsletter LKS IPR Amicus, June 2024 (Complete).....

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