Intellectual Property, Saikrishna & Associates updates


Contributed by Saikrishna & Associates
Is extraterritorial application of Copyright Act possible?
  • India
  • May 23 2016

In Banyan Tree Holding v A Murali Krishna Reddy the Delhi High Court clarified the importance and scope of the special jurisdiction provision (ie, Section 62 of the Copyright Act 1957). However, there seems to be a school of thought that Section 62 vests Indian courts with untrammelled long-arm jurisdiction even in strictly extraterritorial situations.

Special jurisdiction provisions: how special are they?
  • India
  • November 23 2015

The Supreme Court recently issued its much-anticipated decision in IPRS v Sanjay Dalia. The case considered the interpretation of the special jurisdiction provisions in Section 62 of the Copyright Act and Section 134 of the Trademarks Act. The court held that if a cause of action arises at the place where the plaintiff's principal office is located, it cannot rely on Section 62 or Section 134 to institute a suit where its branch office is located.

Trademark infringement remedies available under Companies Act 2013
  • India
  • July 13 2015

A streamlined framework for rectification of a company name is now available under the Companies Act 2013. Under the new act, the registered proprietor of a trademark can apply for rectification of a company name that is identical to or too closely resembles the registered trademark. In addition, the owner of an unregistered trademark which is used as a company name may use Section 16(1)(a) of the act as an alternative remedy to a passing-off suit.

Conflicting views on recordation of patents, designs and geographic indications
  • India
  • March 09 2015

Circular 41 was issued in order to clarify the rules regarding Customs' right to suspend the clearance of goods that allegedly infringe patents, designs or geographical indications. However, the circular is unclear, as it both clarifies that Customs must wait for a court order before suspending the clearance of allegedly infringing goods and states that Customs can suspend goods without a court order if it exercises extreme caution.

Does the Designs Act 2000 limit the value of damages in an infringement suit?
  • India
  • November 03 2014

Section 22 of the Designs Act 2000 deals with piracy of registered designs and enumerates the reliefs available to design owners. A clear reading of Section 22(2) reveals that it provides two reliefs to registered design owners in the event of infringement. These two options are disjunctive in nature, which means that design owners must choose between the two.

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