On March 15, 2024, Patents (Amendment) Rules, 2024 came into force in India. These Rules make a notable impact the patents practice and procedure in India. Text of the Rules is available here. ALG’s Practice Update summarising these amendments and their implications on the patents practice and procedures in India is available here.
Category: News & Updates
Delhi High Court Directs Defendant To Deposit ₹5 Lakhs Or Be Detained In Civil Prison For Breach Of Injunction
Recently, ALG represented Ramada International, Inc. (Plaintiff) at the Delhi High Court in a trademark infringement and passing off suit, in which the Court directed the defendant to either deposit ₹5 lakhs with the Court Registry or be detained in civil prison for a week, for having “committed wilful and contumacious disobedience” of the injunction orders passed by the Court.
The Court noted that despite the interim injunction against the Defendants’ use of the mark RAMADA, the defendants continued to use the injuncted marks through new infringing websites and social media posts, resulting in multiple applications being filed against them seeking directions against the breach of injunction.
Amendment To IT (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021 Notified By The Ministry Of Electronics And IT (MeitY)
The Ministry of Electronics and ITvide notification dated April 6, 2023, issued the amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The amendment includes provisions for a fact checking unit to verify false information about the government and provisions for allowing and regulating online games played for money. The amendment also provides for due diligence and grievance redressal mechanism for intermediaries.
The notification is accessible here.
Indian Trade Marks Registry Undertakes to Withdraw Public Notices for Abandonment of Trade Mark Applications before the Delhi High Court
A writ petition was filed before the Delhi High Court against the public notices dated February 6, 2023 and March 27, 2023, issued by the Office of CGPDTM regarding the abandonment of certain trademark applications. During the hearing, the CGPDTM undertook to withdraw the aforesaid public notices and revert all such applications to their original status within a period of 10 days from the date of the Court order viz., by April 23, 2023.
Source: http://164.100.60.183/dhcqrydisp_o.asp?pn=116145&yr=2023
Madras High Court Notifies Intellectual Property Rights Division Rules
The High Court of Madras has notified the Madras High Court Intellectual Property Rights Division Rules, 2022 (Rules) vide official gazette dated April 5, 2023 pursuant to the Tribunal Reforms Act, 2021 which abolished the Intellectual Property Appellate Board. The Intellectual Property Committee constituted by the High Court of Madras formulated the Rules. The Intellectual Property Division of High Court of Madras is the second specialised forum for Intellectual Property disputes and appeals.