“We are happy to announce the launch of our YouTube Channel "Eshwars". This initiative has been backed by our team's passion and philosophy to share our firm's collective knowledge on select legal topics concerning various business laws prevailing in India. The constant support and encouragement of our clients has indeed been our inspiration behind creation of this knowledge video series. As a start to the knowledge video series we have come up with our IP specific knowledge videos titled - AllThings IP to address some of the basic and frequently asked questions with respect to IP prosecution and registration in India. We sincerely hope you will find the videos useful. We also request you to subscribe to our Eshwars YouTube channel to receive regular updates. In case of any queries, feel free to write us at: "ip@eshwars.com".

KNOWLEDGE VIDEO SERIES FROM ESHWARS


Introduction of AllThings IP, Knowledge video series from Eshwars


Leveraging International IP Treaties
(Part – 1)

GRAFFITI #1

THE DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE (DPIIT) AMENDS THE PATENT RULES, 2002:

The Department for Promotion of Industry and Internal Trade (DPIIT) of the Ministry of Commerce and Industry, vide notification dated 19th October 2020, has amended certain rules under the original Patent rules 2003, pursuant to the Patents (Amendment) Rules, 2020.(“New Rules”). The New Rules have been brought into force by the DPIIT to boost the aspect of “Ease of doing business” in India and reduce compliance hassles.

As per the New Rules:

1. PRIORITY DOCUMENT:

Rule 21, which contains provisions on Read More

GRAFFITI #2

INTELLECTUAL PROPERTY APPELLATE BOARD (IPAB) DIRECTS THE REGISTRAR OF TRADEMARKS TO RECORD “NOKIA” AS A WELL-KNOWN TRADEMARK

The IPAB has, vide its recent decision on 25th August 2020, directed the Registrar of Trademarks to publish that “NOKIA” is a well-known trademark in India.

The said order was passed by the IPAB in an appeal filed by Nokia Corporation arising out of an order dated 27th March 2017 passed by the Registrar of Trademarks (“Impugned Order”), refusing to allow the request filed by Nokia Corporation for incorporating “NOKIA” in the list of well-known trademarks in India.

Nokia Corporation (“Appellant”) had, originally on 5th June 2014, filed a representation before the Learned Controller of Patents, Designs and Trademarks for inclusion of Nokia in the list of Well-known marks as maintained by the Trademarks Registry. It was argued by the Appellant that Read More

GRAFFITI #3

QUASHING OF DISQUALIFICATION OF DIRECTORS AND DEACTIVATION OF DIN BY ORDER OF HIGH COURT OF MADRAS

The High Court of Madras passed an order dated 09th October 2020, setting aside the order (‘Impugned Order’) passed by the Single Bench dismissing the writs that were filed to quash the respective disqualification by the Registrar of Companies (‘ROC’) vide list uploaded by ROC on 17.12.2018 and for consequential reactivation of the DIN or permission for appointment/reappointment as a director.

Section 164(2)(a) of the Companies Act, 2013 prescribes that a person who is or has been a director of a company which has not filed financial statements or annual returns for any continuous period of three financial years is not eligible to be re-appointed as a director of the company or appointed as a director of any other company for five years from the date of default. Relying on the aforesaid provision, the ROC has published multiple lists containing the details of the directors disqualified for a period of five years pursuant to the non-filing of the financial statements or annual returns of a Company for a continuous period of three years and consequently, the DIN of such disqualified directors were also deactivated.

The Division Bench of the Hon’ble High Court of Madras after considering the submissions made by the appellants and respondent, set aside the Read More

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