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IP Analysts

The many faces of the ‘Person Skilled In The Art’ (PSITA)

The many faces of the ‘Person Skilled In The Art’ (PSITA)

31 December 2022

Despite his many short names like PHOSITA, POSITA and PSITA the “person skilled in the art” enjoys the legal fiction of being a hypothetical person who is presumed to know his technical field like a professional with average knowledge and ability, an...

Unpacking the complexity of amending a patent application in India

Unpacking the complexity of amending a patent application in India

31 December 2022

The Indian Patents Act (39 of 1970, hereinafter, the Act) allows amendment of a patent specification, both before and after the grant of patent.

Singapore: Corporate names, domain names and social media handles serve as evidence towards trademark use

Singapore: Corporate names, domain names and social media handles serve as evidence towards trademar...

30 November 2022

(the subject mark) under, amongst others, Class 37 for certain services in relation to flooring and maintenance.

Challenges with adding or removing an inventor in a filed Indian patent application

Challenges with adding or removing an inventor in a filed Indian patent application

30 November 2022

The Ayyangar Committee’s report, which was issued in 1959 and provides the legislative intent behind most of the provisions of today’s Indian patent law, states that an inventor has a moral right to be named as the inventor.

What is so inventive about the invention?

What is so inventive about the invention?

30 November 2022

Inventive step has long been the main stumbling block for inventors seeking a patent for their invention. Manisha Singh and Aditya Goel explain how a recent case in India has determined that no matter how simple an invention might appear, it could st...

Beyond well-knowness…

Beyond well-knowness…

30 November 2022

The TATA Group is undoubtedly India’s most famous conglomerate established in the year 1868. The TATA Group is involved in business activities almost across all sectors from salt to aircraft.

Singapore: Importance of the use of a registered mark in a revocation action

Singapore: Importance of the use of a registered mark in a revocation action

31 October 2022

In Singapore, a registered trademark may be susceptible to cancellation if it has not been used within five years from completion of registration, or if such use has been suspended for a continuous period of five years or more

Growing laws for growing fraud!

Growing laws for growing fraud!

31 October 2022

An all-hands-on-deck approach by India to curb misinformation in Digital India

Be Aware if you are using ‘about’ in a patent claim!

Be Aware if you are using ‘about’ in a patent claim!

31 October 2022

Use of the term “about” in a claim is quite common, where the inventor is not sure or unable to pinpoint the exact weight or percentile or volume or thickness, size of particle, etc., of essential elements of the invention to specially address the cl...

Trademark advertising in India through Google Ads – Current scenario

Trademark advertising in India through Google Ads – Current scenario

31 October 2022

India has been pro-actively dealing with trademark registrations, infringements and safeguarding proprietor’s rights with respect to their trademarks of concern.

James Bond declared a well-known mark

James Bond declared a well-known mark

31 October 2022

Are the marks below confusingly similar?

Singapore: Dispute over trademark rights to famous “Eng’s” noodle shop decided in favour of late founder’s heirs

Singapore: Dispute over trademark rights to famous “Eng’s” noodle shop decided in favour of late fou...

30 September 2022

A June 2022 decision by the Intellectual Property Office of Singapore (IPOS) provided a first instance ruling for a trademark dispute pertaining to the name of a famous noodle shop in Singapore.

India puts teeth into surrogate advertising laws

India puts teeth into surrogate advertising laws

30 September 2022

The laws on surrogate advertisements have mostly been silhouetted against the commercials featuring CDs, sodas and mouth fresheners and enforced by the self- regulating body called the Advertising Standards Council of India (ASCI).

“Visual effects” and “ocular impression” essential to prove design infringement

“Visual effects” and “ocular impression” essential to prove design infringement

30 September 2022

In a recent judgment passed by Delhi High Court, the court granted injunctive relief to Diageo Brands against Great Galleon Ventures on grounds of infringing Diageo’s registered design; however, no injunction was granted on ground of passing off.

On amendment to a Markush claim during patent invalidation proceedings

On amendment to a Markush claim during patent invalidation proceedings

31 August 2022

Alternate standfirst: China’s patent examination guidelines provide specific principles for amending a Markush claim during invalidation proceedings. The history of Markush claims in China, and the two prevailing theories in the interpretation of suc...

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