Will Design come under the purview of Trademark?

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By: Nidhi Tandon

It was a `spot the difference’ moment for a judge at the Bombay High Court when he came across `almost identical’ water bottles while hearing a case of infringement. Failing to tell the water bottles apart, the judge ordered the infringer to stop manufacturing its product. The case was brought to court by well-known manufacturer Cello Household Products against Modware India for copying the design and packaging of its bottle ‘PURO’.

The New Regime for Trademark Registration in India

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By: Nidhi Tandon

The Trade Mark Rules, 2017 (“Rules”) notified by the Department of Industrial Policy and Promotion (“DIPP”) last month completely revamps the Trade Mark Rules, 2002 (“Old Rules”) to simplify and expedite the trademarks registration process in India and promote e-filings. The Rules have come into effect from 6th March, 2017 and some of the notable changes are as follows:

Consolidation of Trademark application forms from 74 to 8
The Old Rules had one form for each type of application totaling to a whopping 74 forms whereas the Rules have consolidated multiple forms such that they could be used for multiple types of applications and requests.

No Dual Royalty For Playing Songs In Public

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By: Nidhi Tandon

When it comes to the copyright of a song, lyricists and music composers of a song are the first owners and their works (literary and musical works) are considered to be independent and separate from that of the music producers. By virtue of the amendment of the Copyright Act, 1957 in the year 2012, this understanding was overturned in the recent judgment of the Supreme Court in IPRS (Indian Performing Rights Society Limited) and CISAC (International Confederation of Societies of Authors and Composers) v/s Aditya Pandey and Synergy Media Entertainment. As per the amendment, the producer of sound recording (music producer) is categorized as the “author” of the copyright subsisting in a song, which is a derivative work of the music (musical works) and lyrics(literary works) put together and has independent copyright of his work.

The dispute before the Court was:

If X and Y were to create the music (musical works) and lyrics (literary works) for a sound recording (derivative work) being produced by Z, three distinct copyrights