De Penning & De Penning

The Draft Patent (Amendment), Rules, 2023 was published in the Gazette of India on 22 September 2023. A brief note stating and explaining the proposed changes is given below. Please note that these are draft rules and are likely to be brought into effect around October, 2023.

Recently, De Penning & De Penning successfully assisted a Japanese multinational company in a major crackdown of counterfeit products in relation to bicycle components in Mathura, Uttar Pradesh.

Multiple legal proceedings regarding various IP rights in the trademark NALLI are being contested in multiple locations and forums between M/s Nalli Chinnasami Chetty , Mr. Nalli Kuppuswami Chetty and Mr. Nalli K. Ramnathan (‘ M/s Nalli Chinnasami Chetty’) and Mr. Nalli Sambbasivam for number of years now.

Following the recommendation of the Intellectual Property committee constituted by High Court of Madras, an Intellectual Property Division (IPD) has been created in the High Court to deal with matters relating to Intellectual Property Rights. The Madras High Court is only the second in the country, with Delhi High Court being the first, to establish an IPD. The much awaited Madras High Court IPR Division Rules have also been published in the Tamil Nadu Government Gazette on April 5, 2023.

A trademark is essentially a distinctive sign or an indicator that is used by an individual or an organization in order to identify and distinguish its products or services from those of others in the trade. A market or a commercial space without the existence of trademarks cannot be fathomed.

Our team members Malavika T Vikram & Solomon DJ participated in the 11th Edition of World IP Forum, 2023 (WIPF) held in Bengaluru from Feb 20th to 23rd.

If an Applicant were to nationalize a PCT application into India bearing claims all of which were supposedly directed to non-patentable subject matter, the Applicant was customarily caught between the hammer and the anvil. The ‘hammer’ being the provisions of Section 138(4) which obligated the Applicant to enter India with all the claims as pending in the PCT application and the ‘anvil’ being Section 59 whose provisions were inferred thus far to prohibit any claim amendments that would alter the scope of claims to render them patentable.