Netflix and IP – The Rise and Rise of the OTT Platform Globally
In 2007, when Netflix switched from being a DVD rental store to providing online streaming services, the over-the-top (OTT) media service was considered a joke. How could online streaming compete with cable TV? But today, OTT platforms like Netflix, Disney+, and Amazon Prime Video have changed how the world ‘watches TV’!
While Netflix built an empire out of couch potatoes glued to the...
Draft Trade Marks (1st Amendment) Rules, 2024
The Department of Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, Government of India, has notified the draft Trade Marks (1st Amendment) Rules, 2024 (draft Rules) and invited public suggestions and comments before February 9, 2023.
The draft Rules introduce two prospective provisions, Section 112A and 112B, to the Trade Marks Act, 1999 (Act) by...
Requirements for inventive step Life Science and Pharma patents
Requirements for inventive step in India along with common patent eligibility issues in Life Science and Pharma patents
India has been on an upward growth trajectory for the last two decades, which has led to its slow but steady transformation into a knowledge driven economy that now has increased focus on quality research and...
Intellectual Property and biodiversity: interplay – Future Science Article
The review article focuses on Biological Diversity Act, 2002 vis-à-vis Patents Act, 1970 of India with intricacies involved thereunder.
Potentially divergent objectives and thereby obligations under the Convention on Biodiversity and Trade-Related Aspects of Intellectual Property Rights Agreement are also reflected in respective...
The IPAB abolition: Insights from India – Asia IP Law Publication
When the Intellectual Property Appellate Board was suddenly abolished in April, lawyers across India were taken by surprise. Espie Angelica A. de Leon finds out just what lawyers are thinking of its abolition in this eulogy to the IPAB.
When the Intellectual Property Appellate Board was suddenly abolished in April, lawyers...
For India and other countries, an IP waiver is a distraction
For India and other countries, an IP waiver is a distraction not a solution to the covid-19 vaccine crisis
Drawn-out discussions about a covid-related TRIPs suspension will not help the huge numbers of people in India and elsewhere waiting for vaccines, argue Deepa Tiku and Jyoti Sagar of K&S PartnersAs the world wades...
Misleading Advertisements and Trademarks – A Registration Conundrum
K&S Partners and The Advertising Standards Council of India (ASCI) have recently released the report "Misleading ads and trademarks - a registration conundrum" which investigates how brands use misleading claims as trademarks and deceive consumers.
Consider a case where a descriptive trademark like ‘ALL WOOL’ has been...
The Challenging Pursuit of Patent Claim Amendments in India
The provisions in patent laws which provide for claim amendments, play a critical role in maintaining the patent ecosystem. In India, Section 57, read with Section 59(1) of the Act governs amendment of claims.
Amendments to patent applications are a regular feature of patent prosecution worldwide. From requiring the title to...
Amul wins infringement case in Canada
The Court also awarded Amul, the eighth largest milk processor in the world, with damages in the amount of CAD32,733 (US$26,049).
The Federal Court of Canada ruled in favor of Amul, a famous homegrown dairy brand from India, in a trademark and copyright infringement case in the North American country.The victory marked Amul’s...
K&S Partners are contributors in the second edition of ‘International Copyright Law
Copyright law in India is governed by the Indian Copyright Act 1957 (the Act), as amended from time to time.
The most recent amendments to the Act came into effect on 4 April 2021 through the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021.What can be protected?The expression ‘work’ is defined under...