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India – Intellectual Property Snapshots.

29 April, 2014

 

Legal News & Analysis – Asia Pacific – India – Intellectual Property 

 

  • The GoI has notified the Patents (Amendment) Rules, 2014 (‘Patent Amended Rules’) by way of a notification dated February 28, 2014. Some of the key changes introduced inter alia by the Amended Rules include upward revision of the fee structure for filing patent applications and other proceedings before the Patent Office and inclusion of a third category of a patent applicant viz. “small entity”.

 

  • Previously, the Division Bench (‘DB’) of the Delhi High Court, in Kapil Wadhwa & Ors. v. Samsung Electronics Co. Ltd. & Anr (FAO (OS) 93/2012), had partially overturned the ruling of the Single Judge and had held that the (Indian) Trade Marks Act, 1999 recognizes the principle of international exhaustion of rights, and therefore the importation of grey goods into India would be permitted, and would not constitute trademark infringement provided that the same were lawfully acquired abroad, and there was no change in the condition of the goods.

 

Recently, the Delhi High Court, in Philip Morris Products S.A. & Anr. v. Sameer & Ors., (CS(OS) 1723/2010), has reaffirmed the principle of international exhaustion as laid down in the Kapil Wadhwa case. The Delhi High Court has further clarified that the onus of proving that the grey market goods were lawfully acquired in a market where such goods were placed by the registered proprietor, would be on the importer of such impugned goods.

 

AZB

 

For further information, please contact:

 

Zia Mody, AZB & Partners
zia.mody@azbpartners.com

 

Abhijit Joshi, AZB & Partners 
abhijit.joshi@azbpartners.com


Shuva Mandal, AZB & Partners 
shuva.mandal@azbpartners.com

 

Samir Gandhi, AZB & Partners
samir.gandhi@azbpartners.com


Percy Billimoria, AZB & Partners 
percy.billimoria@azbpartners.com

 

Aditya Bhat, AZB & Partners 
aditya.bhat@azbpartners.com

 

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