Remfry & Sagar

With the Consumer Protection Act, 2019 (‘CPA’) taking effect in July 2020, India has updated its consumer protection laws. The CPA replaces a 1986 legislation that was increasingly inadequate in coping with the legal challenges posed by changing market realities, most particularly, the rapidly growing shift towards e-commerce. Also, on July 23, 2020, the government notified the Consumer Protection (E-Commerce) Rules, 2020, which complement the CPA in making online retailers more accountable and their businesses more transparent. Read more here...#remfry #consumerprotection #ecommerce

Despite the disruption created by the lockdown, Remfry & Sagar has been providing real-time updates on IP matters to clients. In an article featured in the India Business Law Journal, Ashwin Julka (Managing Partner) speaks of the preparedness of the Firm heading into the lockdown, how it is looking to support clients in times of operational and financial challenge and the need for a collaborative, creative and flexible approach going forward.  See the full piece by clicking here...

In a much awaited development, the Indian IP Office has announced the procedure for conducting hearings via video-conferencing for trademark matters.

In a case argued by Remfry & Sagar - ‘Pioneer Electronic Corporation vs. M/S. Suse Electronics and Anr.’ - the Intellectual Property Appellate Board (‘IPAB’) has had the opportunity to adjudicate a critical question of law connected with trademark opposition proceedings - whether or not (erstwhile) Rule 51 of the Trade Mark Rules, 2002 (‘Rules’), which permitted a mere one month extension of time for filing evidence, is mandatory in nature. In a judgment expected to usher in a synchronised approach on this issue across the 5 offices of the Indian Trade Marks Registry, the IPAB stated that upon a harmonious reading of the Trade Marks Act, 2002 and Rules the restriction under Rule 51 is directory and not mandatory; thus, an appellant can seek a further extension of time for filing evidence. pdf Read more...

Remfry & Sagar has been successful in enforcing the Prosecco #GI in India. Prosecco, a sparkling white wine produced in Northeast Italy, is a protected Geographical Indication (GI) in several countries, including India. It is a popular wine and the organisation managing the protection of the Prosecco GI - Consorzio Di Tutela Della Denominazione Di Origine Controllate Prosecco – claims use of the GI since the 17th century and has had to deal with numerous challenges on account of misuse of the term.