Professional Documents
Culture Documents
By Amarjit Singh
A:
Legislative changes
Changes in Procedure
jurisdictions
of
the
Registrar
of
Trade
Trade Marks
The most important case this year was the Supreme Court
decision in the matter of Milment Oftho Industries V/s. AllergnInc, wherein the mere prior adoption of the mark was considered
sufficient for the grant of interim injunction in a passing off
action. The mere fact that the foreign company had not used
the mark in India was considered as irrelevant if they were first
in the world market.
design or patent. The Court further held that assuming for the
purpose of argument that the plaintiff was yet to complete
registration formalities it was clear that in terms of Chapter
CXXII in the respect of Member Convention Countries similar
privileges and rights were granted to its own citizens in respect
of grant of patent and the protection of patents rights were
secured. Therefore it cannot be stated that the registration of
the patent in other countries was of no use or avail.
In Faber Castell Aktiengesellschaft Vs. Pikpen (P) Ltd. (2003 (27)
PTC 538), The High Court of Bombay held that the registration
done under the Designs Act 1911 shall continue to be in force and
have effect as if done under the corresponding provisions of the
new Act by virtue of sub-section (2) of section 48 of the new Act
except that any proceeding pending in any Court at the
commencement of the new Act may be continued in that Court as
if the new Act had not been passed. All other matters relating to
registration and cancellation of registration of designs would be
governed by the new Act.
Other Developments
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Conclusion
With the advent of the Agreement on Trade Related Aspects of Intellectual
Property (TRIPS), the nations of the world are swiftly approaching a new
realm of intellectual property protection.
coming years, India is certainly going to see a lot of development in the all
fields of Intellectual Property Laws, practice and procedure.