Articles | Intellectual Property Rights | Patent

UNDERSTANDING THE AMENDMENTS MADE TO THE PATENTS RULES, 2003 BY PATENTS (AMENDMENT) RULES, 2020

In exercise of the powers conferred by Section 159 of the Patents Act, 1970, the Central Government has on 19th October, 2020 amended the Patents Rules, 2003 vide the Patents (Amendment) Rules 2020. The key changes to the Patents Rules, 2003 by the Patents (Amendment) Rules 2020 are: 1. Rule 21 which deals with the ‘Filing…

Intellectual Property Rights | Trade Mark | Uncategorized

Libertel Groep BV v. Benelux-Merkenbureau

Libertel Groep BV v. Benelux-Merkenbureau Case No. C-104/01, European Court of Justice, 6th May, 2003 The Applicant had applied for registration of the Colour Orange for telecommunications goods and services before Benelux Trade Marks Office (BTMO). The application form contained an orange rectangle and in the space for describing the trade mark, the word ‘orange’…

Intellectual Property Rights | Trade Mark

Mars Incorporated v. Kumar Krishna Mukherjee & Ors.

Mars Incorporated v. Kumar Krishna Mukherjee & Ors. 2003 (26) PTC 60 (Del) Brief Facts: Plaintiff was the proprietor of the Trademark ‘MARS’, which was registered in India and in as many as 170 countries. It was used in respect of chocolates, confectionery, preserved food products and other foodstuffs in India. Defendants sought to incorporate…