Article
Trends in GI sector: An analysis
By Naina Gupta and Vaishali Joshi
In recent years Geographical Indications (‘GIs’) has emerged as one of the most important instruments for protecting the ‘quality, reputation or other character of goods essentially attributable to their geographical origin’. Analysing the trends in the GI sector, the article in August 2023 issue of IPR Amicus discusses the background of the concept of GI and provides various statistics like GIs in force around the world and GIs in force by product category. It also highlights various issues like need for robust protection mechanisms both domestically and internationally, and for protecting technology used or method of production also, while safeguarding the name and place of origin. The authors also try to provide various suggestions for promoting and fostering the growth of GI in India. They discuss measures like establishment of common utility centres, R&D, technical and design inputs, felicitation and workshops, endorser-brand strategy, and provision for a comprehensive gifting catalogue featuring GI products.
Statute Update
- Copyrights – Cinematograph Act, 1952 being amended to provide for strict punishment for piracy
- IPR laws – Certain provisions set to be decriminalised while penalty provisions being omitted for certain offences
Ratio decidendi
- Use of trademarks as keywords in Google Ads Programme when infringes rights of owners of trademarks – No infringement if trademark used as a keyword, in absence of any confusion, dilution, or compromise of the mark – Delhi High Court
- Trademarks ‘GLUCO-C++’ and ‘GLUCO-D++’ are deceptively similar to marks ‘GLUCON-C’ and ‘GLUCON-D’ – Delhi High Court holds marks of both Plaintiff and Defendant as not descriptive – Delhi High Court
- Patents – Maintainability of suo motu Divisional Application – Requirement of plurality of inventions in parent application whether mandatory? – Delhi High Court’s Single-Judge Bench refers issue to Division Bench
- ‘Vasundhra’ and ‘Vasundhara’ – Trademark Section 35 benefit available even in case of part of the name – High Court rejects plea of passing off – Delhi High Court
- Patents – Post grant opposition – Only documents filed along with supporting affidavit to be considered as ‘evidence’ under Rule 57 – Delhi High Court
News Nuggets
- Trademarks – No appeal maintainable under Section 91 against administrative panel decision of WIPO
- Trademarks – Costs when to be imposed on the Defendant
- Copyrights – Territorial jurisdiction of Court – Section 62 provides additional forum
- VERIZON granted well known trademark status
