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Aswal Associates

Aswal Associates

59, Harmony Apartments, Pocket-1, Sector-4, Dwarka
New Delhi 110078
India

Phone+91 11 64517790
Fax +91 11 43046500

Law Firm Overview

At Aswal Associates, we specialize in all facets of IP i.e. Patent, Trademarks, Design, Copyright- prosecution as well as opposition, infringement, passing off and other ancilliary action and litigations, Domain disputes, trade secrets, Civil & Corporate Litigation and company formation. We also advice on advertising laws, packaging and labeling laws and issues in India. We have been advising various Universities and representing them in the field of higher and distance education.



Aswal Associates - Providing services in the following areas of law:

Articles Published by Aswal Associates

 New Simplified Process of Filing of PCT National Phase Applications in India

The Indian Patent office has published public notice CG/ Public Notice/ PO/2012/15 dated July 2, 2012, whereby the Patent office has simplified process of filing of PCT national phase Applications in India. These instructions would come into force from July 6, 2012 and would do away the redundant process of filing multiple documents that are invariably available on records of the IB of WIPO.

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 Amendment of Claims in Infringement Suit whether Permissible without Amending the Plaint

Delhi High Court rejects IA seeking amendment in claims as allowed in another suit without amending the present suit. The Court also relied on certified copy of Patent Office wherein the amendment sought in claim did not reflect. Court observed that it is well settled that a case is decided on the facts involved therein as are emerging from the pleadings duly proved by the evidence adduced in support thereof.

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 Territorial Jurisdiction of Court Where the Trademark Application is Applied for Registration

An advertisement by itself in a Trade Mark Journal would not confer jurisdiction on a Court within whose territorial limit the advertisement is published or is seen. In the opinion of this Court, if an application for registration of the impugned trade mark is made in the territorial jurisdiction of a Court that Court would have jurisdiction to try the suit relating to the particular trade mark.

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 Patent (Amendment) Rules 2011 and Mandatory E-filing of Patent Documents - India

In order to improve the efficiency and transparency in filing and processing of Patent Applications and to ensure accuracy of Patent data as well as related certificates provided by the Patent office, the Govt of India has proposed to make e-filing of Patent applications mandatory. The draft of proposed amendments i.e. Patent (Amendment) Rules 2011 have been published for inviting public opinion and is expected to be notified soon.

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 Delhi High Court Held that Prior Foreign Registration Would Amount to Publication of Design - India

Delhi High Court vide its judgment dated October 8, 2010 in re: Reckitt Benckiser (India) Ltd. v Wyeth Ltd. (FAO(OS) No. 458/2009), held that prior foreign registration would amount to publication of such design and its availability in public domain in India or abroad.

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 Trademark Law and Practice India - Recent Changes

The Trade Mark Rules, 2002 have been amended and Trade Mark (Amended) Rules, 2010 have come into force with effect from May 20, 2010. The major change is amendment in Fourth Schedule of the Trade Mark Rules i.e. adoption of all 45 international classes.

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 Tradedress and Its Interpretation by Courts in India

Trade dress refers to characteristics of the visual or sensual appearance of a product that may also include its packaging which may be registered and protected from being used by competitors in relation to their business and services. The characteristic includes their shape (3 dimensional), packaging, colour, graphic design or even the smell of the product.

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 Patent Filing Requirements in India

To minimize the cost of Patent filing and prosecution in India, there are number of things an attorney should take in to account. Further, to improve the efficiency & transparency in filing/processing of Patent Applications and to ensure accuracy of Patent data & certificates, the Govt of India has proposed to make e-filing of Patent applications mandatory. The draft of proposed amendments i.e. Patent (Amendment) Rules 2011 have been published and is expected to be notified soon.

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 Trademark Law - India

Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.

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 Patents: Interpretation of Obviousness

Object of grant of patent is to encourage scientific research, new technology and industrial progress and for that object exclusive privilege is granted. At the same time before awarding patent for any invention it has to be considered that the invention must be novel, must involve an inventive step and must have industrial application. These requirements are to be strictly followed before a patent could be granted for any invention in any country all over the world.

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 Compulsory License for Patents in India

Indian Patent Act allows any interested person after expiry of 3 years from grant of patent even though if he is a license under the patent, may make an application to the Controller for grant of compulsory license.

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 Patentability of Microorganisms in India

Inventions pertaining to microorganisms and other Biological material were subjected to product patent in India unlike many developed countries. But with effect from 20.05.2003 India has started granted patents in respect of invention related to microorganisms though India was not obliged to introduce laws for patenting microorganisms per se before 31.12.2004

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 Patented Drugs: No Marketing Approvals to Generic Companies in India

The Government of India is finalizing a system that will prevent generic manufactures from getting marketing approval to sell patented drugs in India. As a result the generic companies may no longer get market approval for launching generic versions of drugs in respect of which a Patent Grant is in force in India.

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 Software Patents in India

India, like the European Union, does not allow patents for inventions related to software. The relevant provision under the Indian Patents Act dealing with software reads as: Chapter II, Inventions Not Patentable. 3. What are not inventions; the following are not inventions within the meaning of this act, (k) a mathematical or business method or computer program per se or algorithms.

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 Supreme Courts Bars Challenge to Peter Scot on Principles of Acquiescence and/or Waiver

The Supreme Court observed that we are concerned with the class of buyer who supposed to know the value of money, the quality and content of Scotch Whisky. They are supposed to be aware of the difference of the process of manufacture, the place of manufacture and their origin. Respondent No.3, the learned Single Judge as also the Division Bench of the High Court, therefore, failed to notice the distinction, which is real and otherwise borne out from the precedents operating in the field.

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 Supreme Court Allows Appeal of Entertainment Network (India) Ltd. “Radio Mirchi” and Refers Matter Back to Copyright Board for Compulsory License

Supreme Court allowed appeal of M/s Entertainment Network (India) owner of FM Radia “Radio Mirchi” Ltd against M/s Super Cassette Industries Ltd owner of “T-Series” brand and referred the matter to Copyright Board for reconsideration on merits.

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 Delhi High Court declines Cadila Healthcare's plea to restrain use of 'Sugar Free'

The Delhi High Court in its interim order rejected Cadila Healthcare's plea to restrain Dabur India and Shree Baidyanath Ayurved Bhawan from using ‘Sugar Free’ in their products.

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 Temporary Breather against Criminal Prosecution for “Lakhani” For False Lodging Complaint under Copyright as Well as Trademark Act

Lakhani Rubber Udyog Ltd. Manufactures Hawai Chappel. They are registered owners of a trademark. Lakhani Rubber Udyog Ltd. filed a complaint with the Senior Superintendent of Police, Jallandhar against M/s. Saraswati Utpadan Pvt. Ltd. alleging that they are marketing inferior goods with the label 'Lakhani' illegally and requesting action under Section 63 of the Copyright Act read with Section 78-79 of the Trade and Merchandise Marks Act, 1958.

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 Patent Filing in India

All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 31 months from the priority date. The articles informs about the various requirements the applicant should complete to keep cost of patent application as lowest as possible.

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