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GRAFFITI #1

The Madrid International Trademark Registration System- New Kids in the block..!

On September 27, 2019, Malaysia acceded to the Madrid Protocol on the International System (Madrid System) of registration of Trademarks and became the latest entrant to the Madrid System. With its accession, Malaysia became the 106th member of the Madrid System. The Madrid System will enter into force in Malaysia on 27th December 2019. On and from the said date, brand owners can start filing a single international trademark application under the Madrid System designating Malaysia amongst other existing countries. Very recently Brazil and Canada had also joined the Madrid System in July and June, 2019 respectively. While the Madrid System has already come into effect in Canada, it becomes effective in Brazil on and from October, 2nd 2019. The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. It allows filing a single application and paying one set of fees to apply for protection in up to 122 countries. The Madrid System is administered by World Intellectual Property Organisation (WIPO). For more information on the Madrid System please do read our news articles at the following links: Things to know while designating India under madrid system and International Registration of Trademarks under the Madrid System

 

GRAFFITI #2

Proactive process to act as hedge against Insolvency and Bankruptcy Code Notices

 

The first Information Utility (IU) viz: The National e-Governance Services Ltd., under the IBC has commenced its operations, which will serve as the repository of legal evidence relating to debt due by companies. – the Information Utility will accept, store and make readily available authenticated financial information submitted by creditors, which will help in establishing defaults as well as verify claims under the Insolvency and Bankruptcy Code, 2016 expeditiously, so as to facilitate completion of the insolvency resolution transactions under IBC in a time-bound manner. The process of submitting details of debt with an IU would assist businesses to initiate Insolvency proceedings under the Code on its customers when the relationship between the two turn sour. Read more

 

GRAFFITI #3

IP India issues public notice for disposal of all settled Trademark Opposition and rectification matters

 

The Controller General of Patents, Designs and Trademarks of the Indian IP office, has issued a public notice on the 19th September 2019, seeking information from the concerned parties to immediately bring to the notice of the concerned jurisdictional offices of IP India, the details of Opposition and rectification matters that have already been amicably settled inter-se the Parties, but which have not been either reported to IP India earlier or that have not been taken on record for want of information. The concerned parties have been directed to bring the notice of such fact to the concerned officers of the respective branches through email, immediately for passing of suitable orders as per law. Consequently, the Trademarks Registry, Ahmedabad has also issued a public notice on 27th September 2019 and fixed hearings in an attempt to dispose certain Opposition/Rectification matters that have been pending before it for a very long time for want of complete information and records. The aforesaid Public Notices can be accessed from IP India’s website at the following links: https://bit.ly/2nRb0VT and https://bit.ly/2mXVd7P, respectively.

 

GRAFFITI #4

Copyright Office issues clarification regarding use of sound recordings during religious ceremonies and marriages and other social festivities without obtaining any license

India is a land known for its religious festivals and elaborate marriage ceremonies. For a very long time it has been a customary practice in India for persons involved in such festivities and ceremonies to playback and perform various famous musical works and sound recordings during such occasions. In this regard, the Copyright Office has recently issued a public notice dated 27th August 2019 clarifying that utilization of any sound recording in the course of a religious ceremony including a marriage procession and other social festivities associated with a marriage does not amount to infringement of copyrights and hence no license is required to be obtained for the said purpose. The said clarification was issued in view of the provisions contained in Section 52(1) (za) of the Copyright Act, read with the explanation thereto, which reads as under:

“the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority. 

Explanation-For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage.”

The aforesaid Public Notice can be accessed from the website of the Indian Copyright Office at the following link: http://copyright.gov.in/Latest_Notice37.aspx

 

GRAFFITI #5

India IP Office proposes draft amendments to the Geographical Indications of Goods (Registration & Protection) Rules, 2002

GEOGRAPHICAL INDICATIONS

The Ministry of Commerce & Industry through the Department for Promotion of Industry and Internal Trade has on the 12th September 2019 published a draft rules to amend certain provisions of the existing Geographical Indications of Goods (Registration and Protection) Rules, 2002 (“Current Rules”). Any objections to the proposed amendment can be addressed to the Department for Promotion of Industry and Internal Trade and said draft shall be taken into consideration by the Central Government on or after the expiry of a period of thirty days from its publication in the Official Gazette viz., 12th September 2019. The draft rules primarily focuses on enabling a producer who proposes to get itself registered as an authorised user to independently make an application in Form GI-3 to the Registrar of Geographical Indications (GI) without the need for having to make a joint application along with a registered proprietor of a GI as is the case under the Current Rules. The draft rules can be accessed from IP India’s website at the following link: https://bit.ly/2mQD241.

 

GRAFFITI #6

The Ministry of Commerce & Industry through the Department for Promotion of Industry and Internal Trade has on the 17th September 2019 notified the Patents (Amendment) Rules, 2019 (“Patent Rules”). The brief highlights of the said amendment rules are as under:

 
1.Amendment to Rule 6 (1A):

The requirement of submission in original of the scanned copies of documents, that were filed electronically with the Controller’s office by a Patent Agent has now been done away with.

2.Amendment to the second proviso to Rule 7 (1):

The proviso has been amended so as to include “Startup” entities also specifically within the ambit of the Patent Rules.

3.Proposed amendment to Rule 24C (1b):

The following applicants along with “Startup” entities are also eligible to apply for expedited examination:
(a)the applicant is a small entity; or
(b)if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female; or
(c)the applicant is a department of the Government; or
(d)the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government; or
(e)the applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); or
(f)the applicant is an institution wholly or substantially financed by the Government.

4.Proposed amendment to the First Schedule (Fees):

i)Inclusion of entry 48A, where there is no transmittal fee for International application (for ePCT filing).

ii)Inclusion of entry 49A, where there is no fee for preparation of certified copy of priority document and e-transmission through WIPO Digital Access Service.

5.Proposed amendment to the Form 18A (Request for Expedited Examination):

Paragraph 3 in Form 18A that mentions “Startup” entities as the only applicant, now includes all the applicants as mentioned in the amended rule specified in paragraph 3 hereinabove. Further, the documents to be mandatorily submitted as evidence of eligibility for availing expedited examination have been specified.

 
The amended rules can be accessed from IP India’s website at the following link:https://tinyurl.com/y3lpnah2.
 
La[w] Graffiti Trivia

1.Which Indian state has the maximum number of Geographical Indication Tags?

Karnataka

2.Which Indian brand, started in the late 1960s, was named after a schoolgirl from the town of Ruppur in Gujarat?

Nirma

3.As of Aug 2019; 2,028,148 companies were registered of which 1,187,398 are presently, active. – Courtesy – Probe Information Services Private Limited

4.During the month of Aug 2019; 10,004 companies were incorporated of which 9,829 companies were private and 175 were public companies. – Courtesy – Probe Information Services Private Limited

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