Article
Toblerone saga – Sweet enough; but not Swiss enough
By Anushka Verma
The article in this issue of IPR Amicus discusses the application of the Swissness Act, 2017 which regulates the use of Swiss symbols or labels which associate the products and services with Switzerland. Talking about the criteria for Swissness and the effect of the Act on the famous chocolate brand which had to remove the iconic Matterhorn mountains from the packaging, the article notes that evocation is a huge factor when understanding consumer psychology. According to the author, while the Act does not refer to trademarks per se, it does find its basis in the concept of evocation. Observing that while the nations across the world use Geographical Indications to provide protection to the goods/services which are exclusively associated with their territories, the Swissness Act goes beyond and prevents anyone from using the Swiss emblems, or associate themselves with Switzerland. The author wonders whether all countries should enforce similar legislations, and will it lead to better products and services…
Ratio decidendi
- Computer program resulting in technical effect/contribution eligible for patent protection – Not covered under Section 3(k) by mere use of algorithms and computer-executable instructions – Delhi High Court
- Patents – Patentee not required to wait for a period of one year or for favourable culmination of post-grant opposition proceedings, before suing for infringement – Delhi High Court
- Copyright in screenplay of a film vests with the author and not the producer of the film – Delhi High Court
- Copyrights – Police cannot keep complaint pending just because parties fighting a civil proceeding on same fact matrix – Karnataka High Court
- Trademarks – Jurisdiction of court when cause of action arises at franchisee’s place – Franchisee not a ‘subordinate office’ – Delhi High Court
- Trademarks – No power vested with Police to seal factory premises where incriminating articles situated – Bombay High Court
- Trademarks – Interim relief granted to user of the mark ‘ARTIZE’, against use of ‘ARTIS’ for similar goods – Delhi High Court
News Nuggets
- Inventiveness not a pre-requisite for registration of a trademark, and mark not in common use by others do not lack distinctiveness
- Patents – Delhi High Court directs adjudicating authorities to pass reasoned and speaking orders
- Patents – Delhi High Court recommends Patent Office to update Manual for Practice
- Trademarks – Deceptive similarity between ‘Golden Crown’ and ‘Golden Queen’ leading to idea infringement
- Trademarks – Hospitals are allied and cognate to medical journals and periodicals
- ‘NOW’ is common to trade – Delhi High Court vacates its earlier ad-interim injunction order in favour of a media house
