Author name: Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

India finally publishes a list of International Non-proprietary Names (INNs) for pharma-trademarks!

/ By / Trademark

The Controller General of Patents, Designs and Trade Marks (CGPDTM) has finally published a list of International Non-Proprietary Names (INNs) as declared by the World Health Organization (WHO). The entire list can be accessed over here. Hopefully this publication will be followed up by an official notification, following which Trade Marks Trade Mark Examiners will be mandated to examine pharmaceutical trademarks for any similarities to the INNs published in the list. Any names which are identical to those on the […]

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Recruitment & Promotions at the Trade Marks Registry

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Continuing from my earlier post on the HR Policy at the Patent Office, I will briefly discuss the status of recruitment and promotions at the Trade Marks Registry (TMR). Image from here. The relevant rules for recruitment and promotions at the TMR are called the ‘Trade Marks and Geographical Indications Registry (Registrars and Examiners) Recruitment Rules, 2011. (click here to download these rules) These rules create 6 classes of officers at the Trade Marks Registry:  (i) Senior Joint Registrar of

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Does the DIPP need to revamp the Patent Office HR Policy?

/ By / Uncategorized

I’ve recently had a chance to glance through the recruitment and promotion rules for the staff at the Patent Office. A copy of these rules which were procured from the DIPP under the RTI Act, are available for download over here.  The Rules prescribe the minimum qualifications for each category of officers in terms of educational qualifications, age and years of service in order to qualify for promotion. The first set of Rules, pertaining to the staff at the Patent

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‘Practice-directions’ and Anton Piller orders in ‘software piracy’ cases

/ By / Uncategorized

Manupatra Intellectual Property Review (MIPR), in its October issue, published one of my articles, critiquing the ex-parte orders that are issued by the Delhi High Court in copyright and trademark infringement cases. The article focuses on three issues: the abuse of the special jurisdictional clauses, ‘Anton Piller’ orders and ‘John Doe’ orders. The article is available for download from SSRN over here.  This post will stress only on the aspect of the ‘Anton Piller’ orders that are granted by the

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Of bouncing cheques and incomplete applications – A case of ‘trademark’ incompetence?

/ By / Trademark

Lawyers complaining about the delays and hassles faced at the ‘Trademark Registry’ is commonplace. However in a recent role-reversal, the CGPDTM has put up two public notices complaining about the incompetence amongst lawyers who are practicing before the Trademark Registry. Image from here.  In the first notice (available over here), the Trademark Registry has complained about the large number of incomplete applications that it has been receiving from applicants. Some of the regular flaws and the remedial advice from the

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Dr. Wobben loses appeal – Revocation proceedings to continue before both IPAB and HC

/ By / Patent

In a recent 26 pages, well-reasoned judgment a Division Bench of the Delhi High Court consisting of Justice Sanjay Kaul and Justice Rajiv Shakhder dismissed an appeal by Dr. Wobben against an order of Justice Ravindra Bhat, dated 6th December, 2010. We had earlier covered Justice Bhat’s order over here. The DB’s order is available over here.  This order is the latest in the series of legal defeats suffered by Dr. Wobben and his company Enercon GmBH in their four

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CGPDTM announces impressive training syllabus for new patent examiners

/ By / Patent

It appears that 2012 is going to be a good year for Indian IP.  The very first announcement published on the IPO’s website this new year, is an impressive training syllabus for the newly appointed patent examiners. As blogged earlier, the IPO has appointed the first batch of 94 patent examiners last month, followed by another 8 appointments recently. All the newly appointed patent examiners have to undergo a three months residential training program at the National Institute for Intellectual

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India yet to notify a list of ‘International Non-Proprietary Names’

/ By / Trademark

In a reply to a recent RTI application, the Trade Marks Registry has informed us that it is yet to notify a list of ‘International Non-Proprietary Names’ (INNs) under S. 13 of Trade Marks Act, 1999.  (Image from here) Section 13 of the Trade Marks Act, 1999 prohibits the registration of names of chemical elements or INNs which have been declared by the World Health Organization (WHO) and notified by the Registrar of Trade Marks.  INNs are particularly relevant in

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PPL registers annual revenues of Rs. 229.95 crores for FY 2010-11;

/ By / Copyright

The latest filings of Phonographic Performance Ltd. (PPL) with the Registrar of Companies, has revealed the annual revenues of the copyright society to be at a healthy Rs. 229.95 crores (US $ 45 million) for the financial year 2010-2011. In comparison, the revenues for the previous financial year were at Rs. 203.40 crores.  (Image from here) The break-up of the annual revenues for 2010-11 is as follows: (i) Broadcasting: Rs. 31 crores; (ii) Public Performance: Rs. 31.64 crores; (iii) Mobile

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Guest Post: State of Tribunals in India

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We have for our readers a guest post by our regular guest blogger, Mr. Sai Vinod Nayani on the state of tribunals in India. This is a very relevant post keeping in mind the pending PIL against the IPAB.  State of Tribunals in India By Sai Vinod Nayani The 42ndAmendment which inserted Part XIV-A to the Indian Constitution provided nothing more than substituting courts for specialized tribunals in certain matters. The result, tribunals become another wing of the Executive. The

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