During last week’s PWS Session, Vaidehi Gupta (Trainee Associate) led a discussion on the topic “Would a formal IP valuation system fillip IP financing for MSMEs and startups?”. The session commenced with a discussion on the current condition and prevalence of IP valuation in India for MSMEs and startups. The members deliberated on its relative rarity, its potential reasons, and how the situation may be improved by incorporating learnings from IP financing models/schemes in other jurisdictions. The discussion then proceeded to how the establishment of an IP valuation system may increase the prevalence of IP financing in India, by increasing awareness of IP valuation and providing a regulatory framework. The members deliberated upon the practical challenges of implementing a workable IP valuation system, particularly the volatile nature of the market value of IP, the difficulty of valuing intangible assets, and the incongruity in applying established models of valuation to IP. The session concluded with a general agreement that prescribing a fixed system of IP valuation is likely to be counterproductive due to its inflexibility. The members agreed that it would be desirable to frame a voluntary scheme for IP valuation, prescribing non-binding valuation guidelines and establishing a body of professionals specially trained to undertake IP valuation.

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Shivanshi Gupta, Trainee Associate, on “Whether Service by Registrar in an Opposition Proceeding is Deemed Proper upon dispatch of Electronic Mail?”. The seminar dissected Section 21 of the Trade Marks Act, 1999, and Rule 18 of Trade Marks Rules, 2017. The session delved into the various judicial decisions that analyzed when the service of the notice is deemed proper and when a deadline is triggered. The seminar focused on recent judicial developments which have held that service in an opposition proceeding should not be construed as proper merely upon dispatching the email. The session concluded with a discussion on the judicial outlook on determining the deadline after service by the Registrar while balancing and protecting the substantive rights and interests of proprietors in the trademarks.

The presentation can be accessed here.

ALG’s Book Club members, old and new, got together last month to explore another intriguing piece of literature. Toshikazu Kawaguchi’s ‘Before the Coffee Gets Cold’ centers around a mystic café in a small back alleyway of Tokyo rumored to allow its customers to travel through time. As comes with all journeys through time, the novel’s plot is set up through various rules, intriguing and perplexing, that allow the customers to travel through time before their coffee turns cold.

The members discussed the universal appeal of time travel plots, and its magical treatment in Kawaguchi’s novel. The simplistic structure of the novel gave the members an opportunity to explore the deeper context of why each character indulged in time travel after being made aware of its rules. And finally, each member took their turn to consider whether they would exercise their option to travel through time.

As always, it was a wonderful time spent over a great cup of coffee, which did get cold!

ALG’s Pranay Bali will be attending the 37th MARQUES Annual Conference, scheduled to take place in Berlin from September 19-22.

The conference will address the topic of how diversity and the cultural environment can impact brand authenticity, and will feature discussions on piloting brands, brands in the metaverse, new rules for e-commerce and AI, etc. If you would like to meet with Pranay, please do reach out.

ALG’s Sheja Ehtesham and Ashwani Balayan will be in Boston for the Intellectual Property Owners Association (IPO) Annual Meeting 2023 from September 10–12. The event brings together leaders in the IP industry from around the world to discuss strategies, trends, and best practices. This year’s program includes a panel discussion on Protection of Design Rights in the Virtual World which will be moderated by Ashwani.