INTA Bulletin

December 15, 2017 Vol. 72 No. 21 Back to Bulletin Main Page

INTA Attends India IP Office Stakeholders Meeting

On December 7, 2017, the Indian Intellectual Property Office and the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India hosted a stakeholders meeting. These meetings provide a meaningful forum for brand owners and practitioners to communicate procedural and other challenges they face in the effective management of their trademark rights at the IP office. India Consultant Gauri Kumar represented INTA at the meeting.

In the past two years, the IP office has taken several positive measures in its functioning in response to the needs of stakeholders. Prior to this meeting, INTA submitted written comments to the IP office concerning certain issues faced by its members.

DIPP Secretary Ramesh Abhishek, DIPP Joint Secretary Rajiv Aggarwal, and Controller General of Patents, Designs, and Trade Marks O.P. Gupta presided over the proceedings. Participants were updated about IT-enabled facilities being introduced by the IP office, such as a short message service (SMS) facility to communicate key alerts and deadlines, a video conferencing facility for hearings, and a mobile app. Mr. Abhishek encouraged users to provide feedback to the IP office on the official website as well as the mobile app so that the user interface aspects of these technologies can be improved. On other procedural aspects, the officials patiently listened to stakeholders patiently and indicated that they will review the feedback and written submissions the IP office received ahead of the meeting. Participants were asked to look out for the IP office’s written responses to all submissions on its official website in the coming days.

Important Public Notice from the Indian Trademarks Office

The Office of the Controller General of Patents, Designs, and Trade Marks has issued a public notice in Journal No. 1826, Suppl. 1, dated December 5, 2017, regarding the default in filing a reply to official objections raised in examination reports prior to March 2016. As a background, the notice explains that the Office has abandoned a number of applications due to absence of responses to official actions. Consequently, the Office received several complaints regarding wrongful abandonment and took many corrective steps over the course of 2016. This included providing opportunities to applicants and their authorized agents to submit representations with sufficient details and documentary evidence substantiating their case as well as keeping any abandonment orders issued after March 20, 2016, in abeyance.

The present notice states that all applications in which a reply has been submitted by November 30, 2017, have been restored and will proceed as per law. However, the Office has still not received a response in relation to more than 80,000 applications by November 30, 2017. Unless the Office receives a reply to such applications by December 20, 2017, these will be treated as abandoned with effect from December 31, 2017. The journal with the notice and list of such applications can be accessed here.

IPR Awareness for Children in India: A CIPAM and INTA initiative

The nationwide IP rights awareness campaign for children produced collaboratively by the Cell for IPR Promotion and Management (CIPAM) and INTA is in full swing. December has been a busy month with numerous interactive workshops being held in the National Capital Region. Many INTA members from the region represented the Association and spoke to students in workshops about IP rights and their significance. On December 8, 2017, CIPAM and members of INTA also participated in a “training of trainers” of Agastya International Foundation on Intellectual Property Rights, which will help drive the IPR Awareness Campaign in schools across the country. INTA would like to thank its members, Anand & Anand, Fidus Law Chambers, Zeus IP, and Remfry & Sagar, for participating in these sessions and making impactful presentations on IP.

The resource material that has been developed by INTA and CIPAM under this campaign for IPR awareness in schools can be viewed here.

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.

© 2017 International Trademark Association