IP Law Newsletter Volume X, Issue 12

June 12, 2018
ISSUE No. 12
June 12, 2018

India: New System of Scheduling a hearing at the Patent Office

Source: www.ipindia.nic.in

In order to reduce the inconvenience caused to the Attorneys due to frequent visits to an appropriate office of the Indian Patent Office to attend Hearings, the Office of Controller General of Patents, Designs and Trademarks (hereinafter referred to as the ‘CGPDTM’) issued a notice dated April 24, 2018 modifying the current system of scheduling of hearings.

In the current system of scheduling a hearing, the hearings are fixed based on the filing date of the application without consideration of the Attorney/Applicant involved in the matter. This has led to multiple visits of the Attorneys to the Patent Office. Requests were made to the Office of CGPDTM to modify the current system so such frequent visits may be avoided.

Considering these concerns of the Attorneys/ Applicant, the Office of CGPDTM issued a notice that the current system of scheduling a hearing would be modified with effect from June 2018. By this modified system, if an Attorney/Applicant has more than one hearing listed/scheduled in a particular month on different dates, the same would be clubbed together so that the hearings can be attended on a same date. If in case, matters relating to an Attorney/Applicant is more than the daily limit, then the same shall be fixed on the very next working day.

This new system of hearing would be of huge help to Attorney/Applicant and would lead to a better hearing due to time and energy saved.


India: Welcome Intellectual Property (IP) mascot IP NANI

Source: Press Information Bureau’s Press Release dated May 16, 2018. Available here

Having problem understanding the importance of Intellectual Property (‘IP’)? Having issues fighting with IP Crimes? Want to get an IP registered but don’t know how to do it or facing issues in getting to get it registered? MEET IP NANI –
a tech savvy, smart and intelligent grandmother who here to solve all the problems related to Intellectual Property Regime with the help of her grandson “Chhotu” aka Aditya.

To foster an aware society and have a robust IP environment, educating the masses about the basics and importance of IP is essential. On May 16, 2018, Shri Suresh Prabhu, Minister of Commerce and Industry launched the Intellectual Property (IP) mascot – IP Nani – at the conference on National Intellectual Property Rights Policy.

On the occasion, the Minister said that ‘mere legal provisions are not sufficient for protection of Intellectual Property Rights but their strict implementation is equally required. Piracy is a serious crime which should not go unpunished. Minister also called for creating awareness against stealing Intellectual Property Rights and stressed on the need for participation of society in the effort’. [1]

The initiative seeks to acquaint the citizens, especially children with the fundamentals of IP law, so that creativity and innovativeness is nurtured from an early age. Under this initiative, the Cell for IPR Promotion and Management (CIPAM), a professional body under the Department of Industrial Policy and Promotion (DIPP), uploaded a series of animated videos on IPRs for children with IP Nani as protagonist. For creating such inspirational videos, CIPAM collaborated with the European Union Intellectual Property Office (EU-IPO). [2]

It has been observed that mascots are capable of building relationships, engage individuals and be a positive influence and awareness in the public and leave a deep impact on kids. Therefore, this step will positively impact the IP Ecosystem of India. As the mascot will make a difference in the individuals’ outlook and understanding of the nuances of the IP law regime. The individuals will be able to identify the problems, comprehend the reasons and come to a solution. The initiative is definitely a step forward in educating the future vigilant and responsible citizens of the country about their rights and their potential to exploit the power of IP at its best.


[1]Press Information Bureau’s Press Release dated May 16, 2018. Available here




India: Mangoes from Konkan region of Maharashtra will be known as Hapus

In the beginning of the Mango Season, the Geographical Indications Registry, Mumbai ordered that mango produced only within the Konkan region of Maharashtra will be called Hapus (also known as Alphanso mango).

Alphanso mango is a seasonal fruit, which is considered to be among the most superior varieties of the fruit in terms of sweetness, richness and flavour and is a native of the Konkan region of Maharashtra. This mango was developed out of the grafting experiments done by the Portuguese during their rule in India.

Geographical Indications Registry on April 19, 2018 rejected individual applications filed by four petitioners (namely Dapoli university, Kokan Hapus Udpadak Sangh, Ratnagiri Hapus Udpadak Sangh, and Devgargh Hapus Udpadak Sangh.) of Alphonso mangoes in Konkan to register their produce as Hapus.

The Controller General of Patents, Design and Trade Marks, Mr. Om Prakash Gupta suggested that instead of GI tagging separate names, all mangoes from Konkan region will get the Hapus tag. It will be formally given after the applicants submit a fresh application. The districts in Konkan Region include Sindhudurg, Ratnagiri and Raigad.

Several applications have been filed from the State of Maharastra for securing GI registration in respect of Alphonso Mango. Details thereof are as under:

Application No. Geographical Indications
139 Alphonso Mango
379 Devgad Alphonso Mango
479 Ratnagiri Alphonso Mango

Various other states in India, have obtained registrations for their traditionally grown mangoes. Details thereof, are as under:

Registration No. Geographical Indications State
111 Laxman Bhog Mango West Bengal
112 Khirsapati (Himsagar) Mango West Bengal
113 Fazli Mango grown in the district of Malda West Bengal
125 Mango Malihabadi Dusseheri Uttar Pradesh
132 Appemidi Mango Karnataka
185 Gir Kesar Mango Gujarat
499 Marathwada Kesar Mango Maharashtra
241 Banaganapalle Mangoes Andhra Pradesh


India: Availability of WIPO Digital Access Service under the WIPO-India Cooperation Agreement


Recently, a WIPO – INDIA Cooperation agreement was established between World Intellectual Property Organization (hereinafter referred to as the ‘WIPO’) and Indian Patent Office (hereinafter referred to as the ‘IPO’) on January 31, 2018, stating that the IPO has started the WIPO Digital Access Service (DAS) for priority documents submitted by the applicants from the participating Patent offices.

The WIPO Digital Access Service is an extremely helpful tool as it facilitates Easy, Secure, Quick and Inexpensive procedure for submission of certified copies of Priority documents. The IPO will act as a depositing office and will upload certified copies of patent and industrial design applications as priority documents, including International Patent applications under PCT filed at the Office (RO/IN) which are filed on and after January 31, 2018. The applicant(s) will have to specifically request the patent office to make such priority documents available to the WIPO DAS.

The features of WIPO DAS are as under:

  • Applicant(s) can simply request the office of first filing to deposit the priority document into the WIPO DAS system, and request offices of second filing to use the service for obtaining access of such documents.
  • Use of an access code provided by WIPO DAS to authorize access;
  • Documents are exchanged via secure channels;
  • The DAS Service is hosted and administered by WIPO.
  • No need to provide a certified copy of a priority document separately to each office of second filing.
  • No need to pay for multiple copies of paper priority documents.

The Agreement covers cooperative activities for the improvement of IP business services at the Office, including projects for digitalization, data capture and data quality improvement, data exchange for the dissemination of IP information, provision of business systems by WIPO for digitization, document management, online search and any related systems or modules and creation of national and/or regional lP databases. The procedure for depositing the priority document(s) by the applicant is an easy process consisting of 6 steps which has been clearly explained in the notification.

The notification regarding this agreement was published on March 12, 2018 which was issued by office of The Controller General Patents, Designer & Trade Marks.

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