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Cover Story
Dr. Niti Dewan speaks at the AIPLA Women in IP Law Global Networking Event |
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RKD News
RKD collaborates with UPES Dehradun to organise National Patent Drafting Competition |
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Analysis
Beyond the Inbox; Understanding the Complexity of Email Service in Trade Mark Opposition Proceedings before the Indian Trade Marks Registry |
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Thread Bare
From Prompt to Pixel: Copyright Challenges in AI-Generated Art |
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Spotlight
Recent GI registrations in India from the North East: Preserving Meghalaya's Heritage |
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Snips and Specs
IPR Quiz For Those Who Don't Know Everything Actual Letters to God Written by Children Hidden Meanings in Trademarks-Ubuntu Unsung Heroes & Heroines: Sir Dorabji Tata and Lady Meherbai Tata |
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| Dr. Niti Dewan speaks at the AIPLA Women in IP Law Global Networking Event |
| R K Dewan & Co. is delighted to share that Dr. Niti Dewan (Patent & Trade Mark Attorney | Head of Patents & Business Development) was invited as an eminent speaker at the American Intellectual Property Law Association (AIPLA) Women in IP Law Global Networking Event 2024, Pune edition on April 19, 2024, organized by Lexorbis. |
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RKDecodes
Decoding Delicious Delicacies – Rasmalai |
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Visit us at www.rkdewan.com | Write to us at niti_dewan@rkdewanmail.com | Follow Us on  |
NEWSNET
MONTHLY NEWSLETTER
APRIL 2024 |
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| AIPLA’s annual Global Networking Event brings together intellectual property professionals from across the globe for a day of networking, learning, and forging valuable connections. This year’s theme, Cultivating Leaders, provides an opportunity for the AIPLA Women in IP Law Committee to foster and develop future leaders in the field. The committee plays a pivotal role in advocating for diversity and inclusion within the intellectual property law domain, offering networking opportunities, educational resources, and mentorship programs to empower women and enhance their professional growth and representation. |
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The event covered a range of pertinent topics:
- Dr. Niti Dewan, elucidated on Cultivating Leadership Journey
- Ms. Ahna Agrawal discussed Breaking Barriers for Women in IP.
- Ms. Smita Raktawan shared insights on Building a Supportive Ecosystem.
- Dr. Nitin Shukla delved into Navigating Career Advancement.
- Ms. Harshada Wadkar covered Emerging Trends and Opportunities in IP.
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Each session was enlightening, and offered valuable perspectives and strategies for navigating the dynamic landscape of Intellectual Property. It was inspiring to witness such thought leadership in action and a community committed to growth and progress. Reconnecting with friends, former colleagues made the experience even more enriching, combining education and joyous reunion in one. These moments reinforce the strength of our community and the power of networking.
R K Dewan & Co. looks forward to collaborating for many more such events in the future for a better IPR Aware world and society. |
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MONTHLY NEWSLETTER
APRIL 2024 |
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R K Dewan & Co. is delighted to announce our recent collaboration with the Technolawgy Society of the esteemed UPES, Dehradun in organizing the illustrious "3rd National Patent Drafting Competition ’24" as an integral part of their esteemed law fest ‘Vidhutsav’, which was held on the 6th and 7th of April.
This event not only showcased the immense talent and dedication of aspiring legal minds but also served as a platform to foster innovation and excellence in the field of Intellectual Property Rights. Mr. Deepak Singh (Team Leader & Senior Patent Attorney) on behalf of our firm served as a distinguished judge for this competition.
At R K Dewan & Co., we firmly believe in the power of collaboration and knowledge exchange to drive positive change. We are committed to facilitate more such enriching events in the future. Our collective aim is to nurture a society that is not only aware with regards to Intellectual Property Rights and Alternative Dispute Resolution but also actively contributes to innovation and creativity. |
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MONTHLY NEWSLETTER
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| BEYOND THE INBOX; UNDERSTANDING THE COMPLEXITY OF EMAIL SERVICE IN TRADE MARK OPPOSITION PROCEEDINGS BEFORE THE INDIAN TRADE MARKS REGISTRY |
Service of notices and documents have always been a serious concern during opposition/rectification proceedings as strict timelines to curb prolonged proceedings are enforced with the introduction of the Trade Mark Rules 2017.
According to Section 143 of the Trade Marks Act 1999, the address provided for service in an application or notice of opposition will be considered the address of the applicant or opponent. All documents pertaining to the application or notice of opposition ought to be delivered by leaving them at or sending them by post to this designated address for service of the applicant or opponent, as the case may be. Apart from the traditional modes of services such as speed post, registered post., various Courts have held that service through electronic modes like email also constitutes as a valid mode of service. Therefore, where an applicant/ opponent provides an e-mail ID, on which official communication are to be sent by the Registrar of Trade Marks/Opposite Party, in an application or a notice of opposition, the email ID constitutes an “address for service” within the ambit of the Trade Marks Act.
While service via email is unquestionably a recognized and valid method of service; a controversy arose whether sending of an email could be considered proof of receipt. There exists only a presumption regarding whether an email was actually received by the intended recipient in the absence of any proof of such service and sent email even if there is no delivery failure, may not be considered as if the email was received by the recipient. |
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The Registrar of Trade Marks is often burdened with the issue of effective service via email in opposition proceedings. The Hon’ble Delhi High Court, when addressing whether sending an email to the accurate address constitutes as evidence of service in Bawa Masala Co. Pvt. Ltd. versus Bawa Masala Co. & Anr., opined that “the proof of email delivery is ordinarily exhibited not on explicit delivery notifications, but on the presumption that arises in the absence of a bounce-back notification. This presumption is thus not absolute, and remains subject to rebuttal.”
The Court also recognized the potential of technical issues such as erroneous spam filtering or server downtime, which could hinder the successful delivery process. Therefore, when a party establishes, via affidavit and evidence in support such as an email inbox screenshot, that they did not receive the email intended for service, their claim of non-receipt of service becomes credible.
Even though ordinarily, this view caters to the interest of Trade Mark stakeholders but in certain cases, it gives an easy way out to people who have missed strict timelines prescribed by the Statute to get around the strict time lines prescribed by the Trade Marks Rules. The Trade Mark Registry, while adjudicating such a situation, must make sure that a party contesting the non-receipt of service through email has established its claim of such non-receipt beyond reasonable doubt, taking into account that it is possible to manipulate email inboxes or “all mails”. In my opinion the Trade Marks Registry can use verifiable delivery email services like “R POST” for this purpose. |
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| From Prompt to Pixel: Copyright Challenges in AI-Generated Art |
| The Municipal Court in the Czech Republic recently had to deal with the issue of copyright protection for content created with the help of generative AI, in the case of S. Š, nar. xxx, Xxx, Xxx vs. TAUBEL LEGAL. At the heart of this judicial discourse lies the pivotal question: Can an image created by artificial intelligence be accorded copyright protection? |
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MONTHLY NEWSLETTER
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The “creator” of the content, sought redressal for alleged copyright infringement against a local law firm, alleging ownership of an image created through the AI model, DALL-E, which is a text-to-image model developed by OpenAI to generate digital images from prompts.
The creator had prompted DALL-E to craft an image depicting a scene of contractual signing illustrated by the visual portrayal of hands. The prompt given by the creator was to “Create a visual representation of two parties signing a business contract in a formal setting, such as a conference room or a law firm office. Show only hands.” Subsequently, the alleged infringer downloaded the image from the “creator’s” website and displayed it on their own digital platform.
The creator instituted an action for copyright infringement against the infringer, alleging that it was the author of the generated image and demanded that it be withdrawn and sought injunctive relief.
The crux of the legal debate revolved around two key inquiries:
- Whether an AI-generated image qualifies as a copyrightable work.
- Whether the individual who furnishes the prompt to the AI tool can be considered the author of the resultant image for the purpose of copyright law.
The Court noted that the Czech Copyright Act confers upon the author of a work the right to demand, amongst other things, a determination of authorship of the work and various forms of injunctive relief aimed at prohibiting unauthorised exploitation of the work.
The Act (similar to the Copyright Law of several countries) also states, that the author of a work for the purposes of the Act is "the natural person who created the work".
In this case, it was not disputed by the parties that the image was created through the use of DALL-E, but the creator’s case was that DALL-E created the Image based on its specific instructions (prompts), and that the creator was therefore the author of the image. |
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Despite the creator's assertion of authorship based on its prompt to DALL-E, the Court found evidential substantiation lacking. The Court held that, a work of authorship must be the unique result of the creative activity of a natural person. Unless the creator can demonstrate that the generated image is the result of its unique creative contribution, it is not a work of authorship.
It emphasized that genuine authorship necessitates the distinctive creative input of a human mind, a criterion unmet by AI-generated content. Consequently, the court ruled that the image, devoid of human creative agency, could not be granted copyright protection. The Court further ruled that where there is a prompt, one can potentially talk about the ‘theme’ of a work, however this ‘theme’ is not in itself eligible for copyright protection. Hence, the image was held to not be eligible for being protected under copyright and could not be licensed or further traded as intangible property. The Czech judgment not only encapsulates the legal intricacies surrounding AI-generated content but also sets a precedent for future jurisprudence in any jurisdiction.
This case and the facts surrounding it, prompted me to evolve a solution for other “creators” who are using artificial intelligence to generate works of art.
Under the Indian Copyright Act 1957 (Copyright Act), originality of the work forms the bedrock of copyright protection, mandating creative genus by an author.
While generative AI tools harness vast datasets to produce outputs, the threshold for originality remains contested as generative AI tools train on data scrapped from millions of pre-existing sources and give outputs based on a combination of these sources and their models. The output produced by AI tools do not satisfy the requirement of "creativity" required for copyright protection, if they are viewed as a collection of data compiled from already existing sources without any infusion of creativity, a stance echoed in Indian jurisprudence. |
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A potential recourse lies in classifying AI-generated content as a "derivative work", subject to substantial variation from pre-existing material. The Copyright Act protects two kinds of works: primary works and derivative works. Primary works are not based on any pre-existing works. Derivative works are works based on existing subject matter. For derivative works to get copyright protection there should be a substantial variation from the pre-existing work. This variation cannot be trivial; it must be significant enough to distinguish the derivative work from its source material. AI tools scrap data from pre-existing sources; however, the output produced is not a verbatim copy of pre-existing sources. The output is based on the AI model's specific learning based on the data it has trained on.
Hence, if the creator has an existing collection of artistic works and prompts the AI tool to scan his or her own collection, then the work created by the tool may qualify as a derivative work.
If the creator does not have any works in his or her own collection, the creator may secure a due license from a prolific artist to use their works as a set, run the AI tool on that set and derive an output which may qualify as a derivative of the joint authorship of the licensor and the licensee. This not only respects the rights of original creators but also promotes ethical practices in AI content generation. Navigating the classification of AI-generated content within the framework of derivative works under the IP laws requires careful examination of the creative process involved and adherence to copyright law. By incorporating proper attribution and obtaining necessary licenses, creators can uphold legal and ethical standards while harnessing the potential of AI technology in content creation. |
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| Recent GI registrations in India from the North East: Preserving Meghalaya’s Heritage |
A Geographical Indication (GI) tag is a sign/mark allotted to an artefact or a commodity that originates in a particular region and has its own unique identity. A GI right empowers the bearer to restrict the indication from being used by any other person whose quality does not meet the required criteria. In India, Geographical Indication tags are governed under Geographical Indication of Goods (Registration and Protection) Act, 1999.
Located in the North-east India, Meghalaya which literally means “abode of clouds” is also referred to as “Scotland of the East”. Meghalaya is known for its unique variety of flora & fauna, picturesque landscapes, wildlife sanctuaries, and many more. This article explores products that have received the prestigious GI tags, recognizing the abundant cultural heritage and artisanal skill of Meghalaya.
Lakadong Turmeric, a particular variety of turmeric which is cultivated primarily in the Lakadong area of the Jaintia Hills in Meghalaya without the use of any synthetic fertilizers or pesticides, has garnered attention for its medicinal properties and distinct flavor profile, making it a prized commodity in both domestic and international markets.
Distinctive Features:
- High Curcumin Content: Curcumin is the active compound in turmeric responsible for its potent medicinal properties. Lakadong Turmeric is renowned for its exceptionally high curcumin content, often ranging from 6% to 9%, significantly higher than other turmeric varieties.
- Deep Orange Color: The rhizomes of Lakadong Turmeric are characterized by their deep orange-yellow color, indicating the presence of high concentrations of curcuminoids.
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- Rich Aroma: Lakadong Turmeric is known for its strong and aromatic flavor profile, which adds depth to culinary dishes and makes it highly sought after in both traditional and gourmet cooking.
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The Lakadong Mission, initiated on April 24, 2018, has played a pivotal role in elevating the status of Lakadong Turmeric. By engaging 12,000 farmers across the region and facilitating the procurement and distribution of high-quality seeds, this mission has empowered local communities and bolstered agricultural practices. The GI tag not only validates the exceptional quality of Lakadong Turmeric but also provides a platform for farmers to access premium markets and secure better livelihoods. |
Meghalaya Larnai Pottery
Meghalaya Larnai Pottery, also known as Meghalaya Black Pottery, is a traditional pottery craft indigenous to the Garo community in Meghalaya, India. The term "Larnai" in the Garo language refers to pottery made by women. This pottery has been an integral part of Garo culture for generations, serving both utilitarian and ceremonial purposes. Historically, it was used primarily for domestic purposes, such as storing water, cooking, and serving food. Additionally, it played a significant role in various ceremonial and ritualistic practices within the community. |
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| The pottery is typically made using locally available clay, sourced from riverbanks or other clay-rich areas. One distinctive aspect of Meghalaya Larnai Pottery is the black color, which is achieved through a unique firing process rather than the use of glazes. This process involves burying the pottery in a pit filled with combustible materials such as leaves, husks, and straw, and then firing it. The firing process is crucial and requires skill and precision to achieve the desired black color and strength of the pottery. Traditional tools such as wooden paddles and stones are used for shaping and decorating the pottery. Designs are often etched or carved onto the surface before firing. |
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Garo Dakmanda
Another notable inclusion in the recent GI registrations is Garo Dakmanda, a traditional attire synonymous with the Garo tribe. The Garo community have a long history of weaving textiles, which dates back centuries. Garo textiles were predominantly handwoven using traditional backstrap looms which are simple, portable looms that allow weavers to create intricate designs with precision. These textiles were not only used for clothing but also held symbolic and ritualistic significance in various ceremonies and festivities. Adorned with intricate designs and vibrant colors, Garo Dakmanda is a type of an ankle-length wraparound skirt and the Rigitok is a blouse that are woven from ‘khidig,’ a type of long-staple cotton, although silk and wool may also be incorporated into certain textiles.
Meghalaya Chubitchi
Meghalaya Chubitchi, is a home-brewed rice beer integral to Garo culture. It exhibits a unique flavor profile and the alcohol content of Chubitchi can vary widely depending on factors such as fermentation time, yeast activity, and ingredients used. |
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| The primary ingredient used in the preparation is sticky rice (also known as glutinous rice) which is soaked in water for several hours or overnight to soften it and initiate the sprouting process. It is then steamed until fully cooked but still slightly firm. This step helps to gelatinize the starches in the rice, making them more accessible to the fermentation process. The steamed rice is thereafter cooled and transferred to a fermentation vessel, where it is allowed to ferment for several days to weeks, depending on factors such as ambient temperature, yeast activity, and desired alcohol content. Once fermentation is complete, the fermented rice mash is strained to remove solids, resulting in a clear or a slightly cloudy liquid. This liquid is then bottled and may undergo further aging to develop its flavor profile. Chubitchi is consumed during religious rituals, social gatherings, and festive occasions, from an Abet (hollow dried gourd) and holds a special place in the hearts of the Garo people. |
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Memong Narang
Locally referred to as "Memong Narang" or the Indian Wild Orange, this citrus variety is indigenous to Nokrek National Park and thrives in the Garo hills. It earned the prestigious GI tag in 2015. The 'Memong Narang' is considered the most "primitive" citrus and is believed to be an ancestor of modern cultivated citrus fruits. According to the GI report, it is characterized by its small size and is not suitable for consumption. |
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Primarily utilized as a citrus rootstock for cultivating other citrus varieties and for medicinal purposes, it is known to address ailments such as viral infections, kidney stones, and various stomach conditions. The district horticultural office in Tura has classified this species as endangered, subject to government regulations.
What's noteworthy is that the Memang Narang is exclusive to Meghalaya worldwide. Its accidental discovery contributed to the recognition of Nokrek National Park as a UNESCO Biosphere Reserve in May 2009. Within Nokrek National Park lies the 'National Citrus Gene Sanctuary,' safeguarding this unique citrus variety. |
Khasi Mandarin
Another GI tag from Meghalaya is the Khasi Mandarin, known as Soh Niamtra or Soh Myntra in the Khasi language. Meghalaya, Assam, and other Northeastern States cultivate Khasi mandarins extensively. In India, these oranges contribute to 43.6 percent of all citrus fruit production. They boast an intense orange hue and are filled with flavorful juice. Rich in bioactive compounds, these mandarins offer numerous health benefits and can aid in the treatment of various illnesses. The fruit is packed with essential nutrients such as iron, magnesium, phosphorus, zinc, selenium, vitamin E, B complex vitamins, amino acids, flavonoids, and more. |
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| Beyond their cultural value, these GI-tagged products play a crucial role in theeconomic landscape of Meghalaya. Reportedly, they provide livelihood opportunitiesto several individuals directly involved in their production and trade. These GIregistrations not only validate the historical and cultural importance of these productsbut also signify a pivotal step towards preserving traditional knowledge, fosteringsustainable livelihoods, and driving economic growth in the region. |
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Which of the following is a characteristic of a Trade Secret? |
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1. It must be registered with a government agency for protection.
2. It doesn't need to add economic value.
3. Reasonable efforts must be made to maintain its secrecy.
4. It is publicly disclosed as part of marketing strategies. |
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Which of the following types of works can typically be registered as copyrights? |
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1. Ideas and concepts
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Facts and data
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Books and paintings
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Natural phenomena |
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Which of the following cannot be registered as copyrights? |
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1. Twilight novel
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Mona Lisa's painting
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The Natural sound of rain
4. Lyrics of Dard-e-disco |
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Which of the following is an example of a product that often carries a geographical indication (GI)? |
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1. Mobile phones
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Coffee beans
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Software applications
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Office furniture |
| (Answers at the end of the Newsletter) |
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| For Those Who Don't Know Everything |
| Provided by my good friend, Philip Furgang. |
- In the last 4,000 years, no new animals have been domesticated.
- If the population of China walked past you in single file, the line would never end because of the rate of reproduction.
- An average person will spend six months of his or her life waiting for red lights to turn green.
- It's impossible to sneeze with your eyes open.
- While the invention of scissors dates back to ancient Egypt, Leonardo Da Vinci improved the pivot action of the scissors.
- “Maine” is the only state whose name is just one syllable in the entire United States of America.
- No word in the English language rhymes with the words namely; silver, purple, month, ninth, pint, wolf, opus, dangerous, marathon and discombobulate.
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MONTHLY NEWSLETTER
APRIL 2024 |
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| Actual Letters to God Written by Children |
| Provided by my good friend, Philip Furgang. |
- Dear God, did you mean the giraffe to look like that or was it a mistake?
- Dear God, who drew the lines around the countries?
- Dear God, it rained during our whole holiday and my father was so mad he said some things about you that he shouldn’t have. Please don’t hurt him.
- Dear God, I read Thomas Edison made light. But in religious school, I learned that you did it. I bet he stole your idea.
- Dear God, I bet it is very hard for you to love all the people in the world. There are only four people in our family and I can never do it.
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| Hidden Meanings in Trademarks - Ubuntu |
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| The Ubuntu logo, a distinctive and widely recognized symbol in the tech world, carries more depth than meets the eye. At first glance, it portrays three individuals holding hands in a circle, symbolizing unity, collaboration, and the interconnectedness of humanity. However, delving deeper, there are subtle yet significant details embedded within this seemingly simple design. |
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Firstly, the colours used - orange, yellow, and white, represent diversity. This Linux operating system derived its name from a South African philosophy emphasizing community, humanity, and shared identity, and these colours symbolize the diverse backgrounds and cultures of people coming together under this ethos.
Secondly, the arrangement of the figures forms a dynamic circular shape. This circular arrangement suggests continuity, harmony, and completeness, reflecting Ubuntu's core principles of interconnectedness and mutual support. |
| It subtly emphasizes Ubuntu's commitment to free and open-source software development. It embodies the spirit of accessibility and openness that has defined Ubuntu's philosophy since the date of the software’s release in 2004. |
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| Unsung Heroes & Heroines: Sir Dorabji Tata and Lady Meherbai Tata |
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| Unsung heroes, often hidden in the shadows of the spotlight, are individuals whose remarkable contributions and selfless actions shape the world without seeking recognition. While the world celebrates prominent figures, it is the unsung heroes who quietly work behind the scenes, driving change, progress, and compassion. These unheralded champions emerge in various walks of life, from local communities to global stages, leaving an indelible mark on society. |
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Their stories inspire us to appreciate the power of humility and the profound impact that individuals can have on the world, regardless of the recognition they receive. In this series of articles, we will be sharing stories of such unsung heroes of India.
Usually extensive and rigorous industrialization goes into shaping and enhancing diamonds. However, this story delves into how a single diamond played a crucial role in shaping the future of an Indian industry. This article tells the lesser known yet impactful and inspiring story of Sir Dorabji Tata and Lady Meherbai Tata in establishing today’s Tata Group. |
Sir Dorabji Tata
Born on 27th August, 1859, Sir Dorabji Tata was the elder son of Jamsetji Nusserwanji Tata. Sir Dorabji was not merely an heir to a business empire but also a torchbearer of his father's aspirations. Before joining his father’s firm Sir Dorabji worked for 2 years as a journalist in the Bombay Gazette.
In 1884, Dorabji officially joined his father's cotton business, laying the groundwork for what would evolve into the formidable Tata legacy. Under Dorabji’s leadership, the Tata group delved into sectors such as steel and power. Sir Dorabji Tata also founded the New India Assurance Co. Ltd which became the largest nationalised general insurance company in India eventually. In 1910 Sir Dorabji was conferred Knighthood by King Edward VII. |
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Lady Meherbai Tata
The union of Sir Dorabji Tata and Lady Meherbai Tata in, 1898, marked not just the coming together of two individuals but the convergence of shared values and aspirations. Born as Meherbai Framji Patel, and coming from a family of textile tycoons Lady Meherbai brought progressive thinking and entrepreneurial spirit to their partnership. |
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Lady Meherbai Tata emerged as a beacon of social reform and gender equality in an era dominated by patriarchal norms and societal constraints. Her advocacy for women's suffrage, girls' education, and the abolition of the purdah system (a social and religious practice that involved gender segregation and the seclusion of women from public observation) established her as a strong leader in the fight for gender equality and empowerment.
Both Sir Dorabji Tata and Lady Meherbai Tata were actively involved in the fulfilment of Jamsetji Tata’s vision of a modern iron and steel industry, and worked towards introducing hydro electricity to power the industry. Their achievements include the establishment of Tata Steel in 1907 and Tata Power in 1911, institutions that continue to be pillars of the Tata Group's industrial prowess and global influence even today.
Beyond their entrepreneurial pursuits, Sir Dorabji and Lady Meherbai Tata were committed in advancing Indian society through various initiatives in education, healthcare, and sports. Sir Dorabji was the President of the Indian Olympic Association and sponsored the first Indian hockey team for the Antwerp Olympics of 1920 and Amsterdam Olympics of 1928. The team secured 6 consecutive gold medals in the Olympics.
Despite residing in the United Kingdom, Lady Meherbai and Sir Dorabji remained committed to their Indian traditional values and dedicated themselves to the advancement of Indian society. Meherbai, in particular, was known for her unwavering commitment to her cultural heritage, opting to wear traditional attire such as the sari, in public appearances and resisting the influence of Western culture. |
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The Jubilee Diamond
One fine day Sir Dorabji came across the majestic Jubilee diamond. A cushion-shaped diamond weighing 245.35 carats (49.07 grams), which is twice the size of the Kohinoor diamond and was considered the largest diamond in the world. Sir Dorabji purchased the Jubilee diamond for £100,000 back then and gifted it to Lady Meherbai as a token of love.
Later in 1924, Tata Steel found itself struggling against the tide of cheaper Japanese steel within the country and was almost insolvent. Having large debts Tata Steel was unable to pay the salaries of its employees. Lady Meherbai came to the rescue by pledging the Jubilee diamond with the Imperial Bank of India. The funds acquired were not only used to pay back the salaries but also helped Tata Steel to get back on its feet and, eventually establish India as a power player in the global steel sector.
The Jubilee diamond, which was once a symbol of love, evolved into something far greater than that. Through the generosity and vision of Sir Dorabji and Lady Meherbai Tata, it became a guardian angel for millions, ensuring not just the survival of the Company, but the flourishing of a nation. |
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Tragically, shortly thereafter, Meherbai was diagnosed with Leukemia and in June, 1931 she passed away. In loving tribute to Meherbai's memory, Sir Dorabji sold the renowned Jubilee diamond and used the sale proceeds to build the Meherbai Tata Memorial Hospital (popularly known as Tata Memorial Hospital). This institution stands today as a true edifice of love between them, offering free cancer care to those in need. In honour of Meherbai's legacy, Sir Dorabji also established the Lady Meherbai D. Tata Education Trust. This trust is devoted to empowering young Indian women by providing scholarships for higher education abroad, enabling them to pursue their dreams and aspirations. |
| This story of Sir Dorabji Tata and Lady Meherbai Tata transcends time, serving as an untold but true epic tale of love and devotion that should continue to inspire generations. Their unwavering commitment to both the Tata Group's success and the betterment of Indian society marks them as true unsung hero and heroine of “the Real” India. |
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Copyrights: Record-Breaking Year for Copyright Registration in India
Copyright Registration is a voluntary IP right but in the financial year 2023-24 a total of 38,002 Copyright Registration Certificates were issued which is said to be an all-time high in India with overall 45, 730 disposal.
36, 729 fresh applications were received in this financial year.
Literary & Dramatic work with 24,752 Registration Tops among the different classes.
Congratulations to the Copyright Registry of India!! |
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Patents: NATCO Pharma Ltd. v. FMC Corporation & Ors Hon’ble Supreme Court of India
Recently, the Hon’ble Supreme Court of India has intervened in the long-standing patent infringement dispute between Natco Pharma Limited and FMC Corporation. The case revolves around a patent for the compound Chlorantraniliprole (CTPR), and the parties have been embroiled in litigation before the Delhi High Court since 2022.
Central to the dispute is the patent for Chlorantraniliprole, a compound with significant commercial value in the agricultural sector. FMC had filed patent infringement suits against NATCO before the Delhi High Court, with NATCO responding by filing counterclaims. Subsequently, FMC filed three additional suits against NATCO before the Chandigarh District Court, leading to a fragmented legal landscape with parallel proceedings in different jurisdictions. Complicating matters further, the suits involved overlapping claims pertaining to the same patent, IN298645, with a concurrent revocation petition regarding claim No.12, which was also subject to the suits before the District Court.
The central issue before the Supreme Court was the consolidation of litigation concerning the same patent and involving identical parties across multiple forums. The Court recognized the potential for conflicting judgments, inefficient adjudication, and forum shopping inherent in such a scenario. Therefore, the Court invoked its inherent jurisdiction to transfer the suits from the Chandigarh District Court to the Delhi High Court to ensure judicial efficiency, consistency, and avoidance of multiplicity of proceedings. The decision to transfer the suits came after Natco filed a transfer petition, seeking to consolidate the litigation before a single forum. |
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Trademarks: The Legacy of “Dolma Aunty Momos” upheld
The Delhi High Court recently ruled in favor of Dolma Tsering, the original proprietor of "Dolma Aunty Momos," in a trademark dispute solidifying her rightful claim to the mark. The Court restrained a squatter who had registered and was using the trademark "Dolma" without any authorization.
Dolma Tsering established her business in Delhi's Lajpat Nagar in 1994, specializing in Tibetan delicacies, particularly 'momos' which are a type of dumplings. Traditionally, momos were steamed and prepared with ground/minced meat, potatoes, and leek filled in small circular flat pieces made from all-purpose flour. These circular disks are then sealed from all sides either in a round pocket or a half-moon or crescent shape. Nowadays, the fillings have become more elaborate and momos are prepared with a combination of ground meat, vegetables, tofu, mushrooms, paneer cheese, and may be deep-fried or pan-fried.
By 2021, Tsering expanded to multiple outlets across Delhi-NCR and applied for the "Dolma Aunty Momos" trademark in 2022. However, to her shock, Tsering discovered an identical trademark "Dolma" which stood registered in the name of the squatter since 2018 posing a threat to her business. However, Tsering did not lose hope and requested cancellation of the mark "Dolma" under Section 57 of the Trade Marks Act, 1999, emphasizing her extensive use and association with the name "Dolma."
She filed her plea initially at the Intellectual Property Appellate Board (IPAB) in 2021, which was transferred to the Delhi High Court following the dissolution of the IPAB. Despite receiving service, the squatter (respondent) did not appear in Court, leading to ex-parte proceedings. The Court found no rebuttal to Tsering’s claims of non-use by the respondent. Hence, acknowledging, her evidence of longstanding use and reputation accrued to her mark "Dolma Aunty Momos", the Court ordered the cancellation and removal of the squatter’s mark “Dolma” from the Trade Marks Register.
One of the key takeaways of this ruling is that, Indian trademark law recognizes the principle that prior and continuous use of a trademark holds precedence over registration. This decision reinforces the legal sanctity of trademarks, even without a formal registration in official records. This means that, a trademark may still enjoy protection and prevent others from violating it, when proven to be in prior use and having acquired substantial goodwill. It also serves as a warning against squatters attempting to capitalize on established names and brands, emphasizing the need for vigilance in protecting one's brand identity and taking legal recourse by actively seeking cancellation actions. |
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| Decoding Delicious Delicacies - Rasmalai |
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When it comes to food, the name of a dish holds meaning beyond just identification. The name of a dish can give insight into the history behind it, the ingredients used, or even the cultural significance it holds. In this series of blogs, we will explore the history behind famous Indian dishes.
India being a land of diverse culture and preserved traditions includes also rich savory and sweet culinary treats. Among the plethora of desserts that adorn the Indian culinary landscape Rasmalai is a quintessential Indian dessert that is traditionally enjoyed during special occasions or festivals such as Diwali or Holi. It is notably a testament to the fact that India holds one of the most diverse food palates globally. |
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MONTHLY NEWSLETTER
APRIL 2024 |
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The word “Rasmalai” is derived from a combination of a Bengali word “Rosh” meaning sap and, the Hindi word “Malai” which means clotted cream. The geographical origin of this delicacy has been subjected to a myriad of contention for the longest time. One narrative suggests that “K.C. Das Grandsons” a famous confectioner chain in Kolkata invented this dish as part of a science experiment.
However, another confectioner by the name of “Sen Brothers” of Comilla district of Bangladesh claims that Rasmalai was made by their family. While the historical origins of Rasmalai remain a mystery till today, the dish has currently been in limelight due to its recent accord of being the second (2nd) best cheese dessert by TasteAtlas which is a is a popular food guide blog that ranks local food, traditional restaurants, and authentic recipes across the world.
Recently in APRIL 2024, TasteAtlas published a list of the ten (10) Best Cheese Desserts across the world, ranking the Indian Rasmalai as being the second (2nd) Best Cheese Dessert. The first (1st) rank was awarded to Poland’s Sernik, while Greece's Sfakianopita secured the third (3rd) position.
This rank makes one indulge into the sweet delicacy i.e., Rasmalai which is crafted from simple ingredients such as white cream, sugar, milk, and cardamom flavored cottage cheese. Mastering the art of preparing this delicacy at home is simple, below mentioned are two recipes for making Rasmalai. |
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Firstly, the Rasmalai balls are prepared by boiling milk and gradually adding a diluted lemon juice/vinegar mixture, to curdle the milk completely. Then, the curdled milk is strained through a cheesecloth-lined colander. The drained curd (Chena) is rolled into small balls. A sugar syrup is prepared by boiling water with sugar until the sugar is completely dissolved. The Rasmalai balls are gently submerged in the syrup for a few minutes and set aside. Then the sweet milk (Rabdi) is prepared by boiling milk with cardamom pods and simmering it until the milk thickens and reduces by half, having a creamy consistency. |
The Rasmalai balls having sugar syrup absorbed in them are gradually added to the creamy milk and are allowed to soak for a few hours. Then the Rasmalai is served chilled, garnished with chopped nuts (pistachios, almonds) and a sprinkle of saffron pods.
Another quick recipe for Rasmalai is to simply make it with milk powder. Combine pasteurized milk, sugar, and salt and bring to a boil on medium heat. As the milk simmers away, knead cottage cheese and powdered milk to make a dough. Mix the dough into the shape of balls. Flatten the balls and dip it into the milk. Cook the balls with the milk until well-done on both sides. Remove from heat and allow to cool slightly. Garnish with chopped nuts and saffron before serving.
When one thinks of cheese based desserts, cakes such as blueberry and chocolate cheesecake come to mind. However, the TasteAtlas food guide sheds light on not just the mainstream cheese based desserts but the ones that redefine cheese as a dessert especially engulfing qualities that are rich, soft and have a texture that melts in the mouth. The Indian Rasmalai is the best example of such an offbeat cheese based dessert. |
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MONTHLY NEWSLETTER
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| In conclusion, the recognition of Rasmalai as the Second (2nd) Best Cheese Cake in the world by TasteAtlas brings it more prominence by earning a well-deserved place among the finest desserts. Whether enjoyed as a decadent treat or as a symbol of cultural exchange, Rasmalai undoubtedly deserves its prestigious ranking and continues to enchant dessert enthusiasts across the world. |
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APRIL 2024 |
NewsNet is a monthly compilation of articles and updates by R K Dewan & Co. This
publication is intended to be circulated for informational purposes only. The publication
in no way constitutes legal advice/opinion being provided by R K Dewan & Co. to its
readers or the public at large. R K Dewan & Co. encourages readers to seek professional
legal advice before acting upon the contents provided herein. The firm shall not be
responsible for any liability or loss that may be attributed to the contents of this
publication. This publication is the property of R K Dewan & Co., and the same may not
be circulated, distributed, reproduced, or otherwise used by anyone without the prior express permission of its creators. |
| Quiz Answers: A-3; B-3; C-3; D-2 |
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