Second in a 10-session module on Evidentiary Issues in Selected IP Court-Judgements, this week’s ‘Legal Issues Seminar’ (LIS) was conducted by Pranay Bali, Senior Associate, on ‘Issues related to Primary and Secondary Evidence’. The session focused on the for interpretation of admissibility of Trademark Registration Certificates and photocopies of essential documents (such as agreements) as opposed to originals.

The session provided valuable insights for incorporation in practice, and saw some interesting questions on the admissibility and legality of status reports webhosted on the TM Office online portals in opposition proceedings as well as in suits for infringement/passing off.

The presentation can be accessed here.

ALG Associate Siddharth Varshney lead today’s PWS session on the need for tribunalization of IP. Questioning whether there is a need for tribunals to adjudicate on IP matters, whether technical knowledge is necessary, and discussing the practical issues faced by attorneys practicing in these tribunals, the session provided all participating attorneys and interns with some food for thought!

A Legal Issues Seminar’ (LIS) was conducted by Manavi Jain, Principal, on legal issues in the IPAB judgement ORA/97-98/2009/TM/DEL ‘Eveready Industries v. Mrs. Kamlesh Chadha’, analyzing how it might have been possible for this case to have been decided differently than it has been. Part of a 10-Session Legal Issues Seminar Series planned by her, the Seminar examined the key points of fact and law on which the decision is built and on which it turns, presenting alternatives to them which have been rejected or preferred over or not entertained. The presentation explored interesting and significant legal issues relating to trademark renewal.

Breaking away from the standard Q&A, the session led to an interesting discussion on the effect of non-service of documents by the TM Office, various precedents on the mandatory service of renewal notice and an interpretation of the provision on restoration of trademarks. The presentation can be accessed here.

ALG’s Dishti Titus, in her capacity as a member of the FICCI IP Forum, delivered a webinar on December 30, 2020 on ‘Conundrum on Cognizability of the Offence of Copyright’. She discussed infringement of Copyright as an IP offence, its classification under the Code of Criminal Procedure, 1973 as well as judicial approach towards cognizability of Copyright offences. This webinar was part of the “FICCI-CIPAM 100 Webinar Series on Intellectual Property”.

Today’s PWS session saw Associate, Aditi Roy Chowdhury, leading a discussion on whether India is doing enough to protect its traditional knowledge. The session delved into understanding the protection available to the vast traditional knowledge in India, and also raised questions regarding India’s steps towards creating awareness regarding the protection in place.