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IPR Amicus: October 2014

Bombay High Court’s recent Order holding that use as trademark is sine qua non to claim honest concurrent use , is the subject of the article covered in this month’s IPR Amicus. It is noted here that entire purpose behind the enactment of Section 12 of the Trade Marks Act is to ensure that genuine proprietors who have established commercial use of the mark for a considerable period of time should not be prevented from taking benefits of the said mark only because the mark is already registered.

Under Ratio decidendi, this issue covers Delhi High Court order holding that patent application is not deemed as abandoned when examination reports are responded to by the applicant. In respect of trademarks, Bombay High court has held that delay in action against alleged passing off is fatal. The court, in another judgement involving copyrights in designs and artistic work, has distinguished an earlier order in the case of Jagdamba Impex [reported in May 2014 issue of IPR Amicus] and rejected the submission of loss of copyright after 50 productions. These orders are reported in this issue of IPR Amicus.

News Nuggets in this issue covers Canada EU Comprehensive Economic and Trade Agreement (CETA) on Intellectual Property.

October, 2014/Issue-39 October, 2014/Issue-39
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