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Jun 23

RKD NewsNet June 2023

From the desk of Dr. Mohan Dewan | Assisted by: Adv. Arjun Pradhan Adv. Shubham Borkar

General News

"Unveiling the New Look: IP Office India's Vibrant Registration Certificates Embrace Indian Flavour"

The IP Office India has recently introduced a fresh design for their Registration Certificates, unveiled on April 26, 2023, the World IP Day and has recently commenced its issuance. These revamped certificates now boast several notable changes:

1. Tricolour Watermark: The certificates now bear a watermark featuring the tricolour, representing India's national flag. This addition adds a touch of patriotism and nationalism to the certificates.

2. Multilingual representation: The phrase "Intellectual Property Office Govt of India" is now written in 15 different Indian languages, mirroring the style seen on Indian currency notes. This alteration aims to associate intellectual property with the concept of unity and diversity and thereby emphasizing the value of patents in all official languages.

3. Harmonized design: To ensure consistency and uniformity, all categories of intellectual property now feature a cohesive and harmonized design on the certificates. This measure eliminates any visual disparities between different types of IP grants issued by the IP Office.

4. Inventor’s name inclusion: The Inventor's name can be included in the Patent Registration Certificate. However, mentioning the names of the inventor/inventors requires filling out and filing Form 8 and paying the prescribed fees. In cases where there are more than 10 inventors, a supplementary sheet will be provided with the certificate, listing all the inventors' names along with the patent details.

These changes have effectively infused an Indian essence into the certificates and symbolize the diverse cultural heritage of India

Certificates of Registration

*We do not claim any copyright in the above images. The same have been reproduced for academic and representational purposes only.

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Recent GI registrations in India (From the North)

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.

Ladakh Shingskos

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

 

Ladakh, as known by all is true paradise on earth. Apart from its scenic beauty and the ever so brave and mesmerising military base and operations conducted, Ladakh is well known for its wood carvings which are intricate works done by the artisans. These wood carvings are called the 'Ladakh Shingskos'.

The woodcraft artists carve out beautiful floral and other abstract designs on woods giving a magnificent look to any kind of furniture. These carvings are done with the use of a mallet and chisel (tools used for carving) on wood. The skills of the woodcrafts and the artisans have been heavily derived from Tibetan Buddhism.

The Pillars, doors and other forms of furniture in the monasteries consist of the Shingskos art work. These works are the oldest of their times and therefore have been preserved since decades together. One of the most common kind of furniture which is seen in the Ladakh region is the ‘chokste’ which is a low heighted wooden table oblong in shape. It is intricately carved and finely painted in vivid colours bringing out the auspicious dragons and symbols of Buddhism.

Recently, Ladakh Shingskos has been given Geographical Indication (GI) tag by the Geographical Indication Registry of India. The GI application was filed by the Timber Trade Union. This registration has certainly added significance to the artwork originating from Ladakh as these works have specific meanings and implications with the local culture, society and the rituals.

These carvings are in demand all over the world, especially in countries which follow Buddhism as it provides for a certain spirituality and sanctity to the people who believe in it.

 

Aligarh Locks

*We do not claim any copyright in the above images. The same has been reproduced for academic and representational purposes only.

 

The region of Aligarh is a land situated between Ganga and Yamuna which is known for the manufacture of Locks. The city of Aligarh is also very often reffered to as ‘Tala Nagari (City of Locks)’. Aligarh is famously known for its hardware and artware trade particularly in the Lock Industry. The locks are made of various materials which include brass to steel. Although steel locks are becoming more prominent by the day. The brass finishing of the locks is categorized as a traditional way of making the locks. However, the modern way entails the making of steel locks. These locks are manufactured in high volumes as the Aligarh region alone has more than five thousand units. Thus, these locks are exported in foreign countries which have over the course of time resulted in annual revenue of 40,000 crores.

Birth of the Aligarh locks dates back to 125 years prior to Indian independence. It all started with the establishment of a firm called Johnson and Company in Aligarh by a gentleman from England. The company started importing locks into the Aligarh region for its sale from England. This gradually led to a small scale manufacture and production of locks made of sheet metal in Aligarh itself. The company thereafter imported locks from Germany, which were duplicated in Aligarh and sold thereon.

In the year 1950, Surendra Kumar who was an Advocate by profession started a systematic manufacture of locks by way of importing machines and learning new and better techniques. This resulted in good quality locks. However, when the company collapsed in 1975, the locksmiths, engineers, labourers, etc. started their own manufacture and started individually selling these locks. The locks of Aligarh are already included in One District Once Product (ODOP) Scheme.

The GI application was filed by the Tala Nagari Audyogik Vikas which was notably applied on 09/10/2019. The grant of registration is a welcoming boost for the Lock Industry of Aligarh which started the manufacture of locks because of its economic restraints. But now, the GI tag has placed a much need crown of validation and reputation.

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Electric Cell/ Battery/ Electrolysis

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only”.

 

The invention of the cell and the dry battery has been a major milestone in the history of electric power. Before the dry battery came into picture, electricity was primarily generated through chemical reactions that required the presence of a liquid electrolyte. The development of the dry battery was a significant breakthrough, as it eliminated the need for a liquid electrolyte for generating electricity, thus making electricity easily accessible.

It is a commonly known fact that the battery was invented only a century ago. When asked about the inventor of the battery, most would speak of Carl Gassner who was said to have invented it in 1888 or of Swedish scientist named Waldemar Jungner who did it in 1899 when he made the nickel-cadmium battery, or would remember the renowned inventor Thomas Edison who invented the nickel-iron storage battery in 1900.

Documents, however, reveal that the dry cell battery was disclosed many millenniums ago in the Garuda Purana of Ancient India. The Garuda Purana composes three treatises, namely the Brihaspati Samhita (Nitisara) and the Dhanvantari Samhita which are treatises on jurisprudence, and medicine, respectively, and the Agastya Samhita believed to have been composed around 4000 BC by the revered Hindu sage and scholar Agastya, who is also regarded as one of the Saptarishis (Seven Great Sages) of Indian philosophy.

Agastya Samhita discloses a comprehensive description of the dry cell battery and the process of electrolysis, performed using the energy generated by the dry cell, for splitting water into its constituents. The way that modern batteries work is similar to the one mentioned in Agastya Samhita.

One text of the Agastya Samhita reads as:

Transliteration


“Sansthapya Mrinmaya Patre Tamrapatram Susanskritam Chhadyechhikhigriven Chardrarbhih Kashthpamsubhih. Dastaloshto Nidhatavyah Pardachhaditastah Sanyogajjayte Tejo Mitravarunsangyitam”

This roughly translates to “Place a well-cleaned copper plate in an earthenware vessel.” Cover it first by copper sulphate and then by moist sawdust. After that, put a mercury-amalgamated zinc sheet on top of the sawdust to avoid polarization. The contact will produce an energy known by the twin name of Mitra-Varuna. Water will be split by this energy into Pranavayu and Udanavayu.”

The names of the twin-gods “Mitra Varuna” is very old and is even mentioned in RigVeda. The word “Mitra” means “friend”, “an ally”, in other words, “cathode” because a deposit is made at this place. “Varuna” is the liquid equivalent or the opposite (of zinc) and therefore “anode”. The use of such a twin word with such a significant meaning is highly original for representing the two opposite polarities of electrical energy which is formed as a resultant of the chemical reactions in the dry electrode between the cathode and the anode.

It is further written that

"Anen Jalbhangosti Prano Daneshu Vayushu Evam Shatanam Kumbhanamsanyogkaryakritsmritah." meaning "A chain of one hundred jars will give a very effective force."

A chain of one hundred jars will give a very effective force.

When a cell was prepared according to Agastya Samhita and measured, it produced an energy of open circuit voltage of 1.138 volts, and short circuit current of 23 mA. If 100 such earthen pots are connected in series, and the terminals are placed in water, the energy produced will cause water to change its form (split) into life-giving oxygen and hydrogen, which is lighter in weight.

Today, dry batteries are used in a wide range of applications ranging from small electronic devices such as remote controls and flashlights to larger systems such as backup power supplies for data centres and telecommunications networks. The principle of working of the present day dry batteries can be traced back to the original invention mentioned in Agastya Samhita, and have been refined and improved over the years to improve their reliability and efficiency.

Dry batteries also have a significant impact on the field of transportation, namely electric vehicles that have become quite popular from the early 21st century onwards. Although the battery technology of these electric cars was initially based on liquid electrolytes, the dry battery has made it possible to create a comparatively more reliable and efficient battery for electric vehicles, thereby paving the path for the modern electric vehicle.

Agastya Samhita also further describes the Hydrogen Balloon in one of its texts.

"Vayubandhakvastren Nibaddho Yanmastake Udanah Swalaghutve Bibhartyakashayanakam"

"If hydrogen is contained in an air tight cloth, it can be used in aerodynamics, i.e., it will fly in air."

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The Fight for Distinctiveness against the Registrar of Trademarks: Abu Dhabi Global Market V. The Registrar of Trademarks, Delhi C.A.

(Comm. IPD-Tm) 10/2023

Registration of Trademarks can be refused either under absolute grounds (under section 9 of the Trademarks Act, 1999) or relative grounds (under section 11 of the Trade Marks Act, 1999). Section 9 of the Act lays down the circumstances under which a mark can be recognized as non-distinctive and therefore not fit for registration. In other words, a mark needs to be distinctive in nature. This is to say that a person must be able to distinguish the proprietor’s mark from any other mark in the market. If the proprietor’s mark seems to be similar to any other mark then a likelihood of confusion is bound to arise as the consumers will associate both marks with one another. Both marks ought to have stark differences in them so as to avoid market confusion.

Section 9 states that a trademark can be distinctive in nature when:

1. The goods and services of one person can be easily distinguished from that of others merely by way of a glance at the marks.

2. Any mark adopted by the proprietor should not be indicative of any kind, quality, quantity, purpose of the goods and services, geographical origin, values and characteristics of the goods and services.

3. Finally, any mark adopted by the proprietor should not become customary in the current language or in the bona fide and established practices of the trade.

Distinctiveness of a mark is very elaborately determined in a recent case of Abu Dhabi Global Market v. Registrar of Trademarks, Delhi C.A. (COMM.IPD-TM) 10/2023, the Delhi High Court overturned the refusal Order of the trademark ‘' pronounced by the Assistant Registrar of Trademarks. The applicant of the trademark is Abu Dhabi Global Market (ADGM) which is an international financial center and free zone located on Al Mariyah Island in the United Arab Emirates’ capital, Abu Dhabi. This global market houses various Local & International Enterprises & Institutions and gives it a secure platform to establish operations and fulfil their expansion. ADGM had applied for the mark ‘' which was rejected. The Registrar of Trademarks stated the following reasons for refusal:

1. The mark is devoid of distinctiveness and therefore does not seem to be coined or invented.

2. The mark includes ‘ABU DHABI’ which is a geographical origin thus being non-distinctive.

ADGM stated that a major part of the applied mark ‘' was already registered to establish its distinctiveness. The other half part of the composite mark which consists of ‘ABU DHABI GLOBAL MARKET’ had been adopted by the applicant under the Federal Laws of United Arab Emirates (UAE) – Federal Decree No. 15 of 2013 dated 11th February 2013. Therefore, ADGM had the right of using ‘ABU DHABI’ in its logo.

On hearing both sides, the Court observed faults in the Order passed by the Registrar in the present application. At the outset, the Order was worded absurdly. The Court stated that when it comes to trademarks there are no requirements for a mark to be ‘coined’ or ‘invented’ for its registration. A mark certainly needs to be distinctive but not inventive. Additionally, it was also observed that a user affidavit does not establish the distinctiveness of the mark. Distinctiveness is established only when the mark is able to distinguish the proprietor’s goods and services from that of other persons.

The Court upheld the aforementioned reasoning given by the applicant and stated that the composite mark applied for is distinctive as the Applicants are rightfully allowed to use ‘ABU DHABI’ in their trademark. Therefore the Court ordered the following in favour of the applicant and the well-being of the trademark thereof:

1. The Order passed by the Assistant Registrar was quashed.

2. The affected application (Application number - 3184380) was allowed to proceed with an advertisement in the Trademarks Journal.

Upon a cursory glance of the yardsticks laid down by the section, it is settled that a trademark should be adopted in a way that it is able to distinguish the goods and services of the proprietor from that of other persons. No matter how simple the mark (word and/or device) is, it can be considered as distinctive if no one else is found using it, or even variations of it. For instance, the well-known mark ‘Apple’. Whenever one refers to ‘Apple’ or the device ‘' the very first thing that comes to mind is the electronic devices sold under the marks. Here, the device and word mark are said to have distinctiveness. In no way can the word and device cause confusion in the minds of consumers.

If a mark is capable of creating a clear distinction in the minds of the consumers with respect to the goods and services, then the mark can be considered distinctive without a grain of doubt.

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Stories Behind Brands - PVR Cinemas

Brands are more than just a name or a logo; they embody a story and a legacy that have been built over time. Behind every brand, there is a rich history and a unique set of circumstances that have shaped its identity and contributed to its success. These background stories have become an integral part of the brand, and they serve as an essential tool for building brand loyalty and connecting with customers. There are various brands that you think you know about, but do you really know them? In this series of articles we will be telling you unknown stories behind the known brands.

 

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only”.

 

PVR Cinemas is a popular Indian cinema chain that has become a household name in the country. The brand has come a long way since its inception, and its story is one of innovation, perseverance, and a passion for cinema.

The story of PVR Cinemas began in 1995, when Ajay Bijli, the founder, saw an opportunity to bring a new level of entertainment to India. At the time, the cinema industry in India was largely stagnant, and the movie-going experience was often uncomfortable and lacking in amenities. Bijli saw an opportunity to change that, and he set out to create a cinema chain that would offer a world-class movie-watching experience.

Bijli joined hands with an Australian company named Village Roadshow, a company that is one the largest exhibition companies in the world with more than 1,000 screens under operation. This 60:40 joint venture between Priya Exhibitors (The name "Priya" in the original name referred to a cinema hall in Delhi that was owned by Ajay Bijli's family,)and Village Roadshow formed Priya Village Roadshow (PVR) which was first to introduce the concept of multiplexes in India.

Bijli's journey started with the renovation of a single-screen cinema in Delhi namely PVR Anupam Saket. He transformed the theatre, adding comfortable seats, air conditioning, and a state-of-the-art sound system. The renovation was a success, and the theatre quickly became a popular destination for movie-goers.

From there, Bijli continued to expand his cinema chain, opening new locations across India and incorporating new technologies and amenities. In 1997, PVR Cinemas opened its first multiplex, which offered multiple screens, a range of food and beverage options, and a more immersive movie-watching experience.

In November 2002, Village Roadshow sold all of its holdings to Priya Exhibitors in order to liquidate its investment. The name was later changed to PVR Cinemas, but the acronym PVR was retained as the brand name, as an ode to the Australian cinema and entertainment company that partnered with PVR Cinemas in its early days.

Since its inception, PVR has pioneered a number of industry-changing innovations, including the introduction of Gold Class Cinema and the country's largest 11-screen multiplex, which opened in Bangalore in 2004. The corporation now holds the title of biggest cinema chain in India. Its geographically diverse cinema circuit in India consists of 800+ screens spread over 179 different cities covering major markets across the length and breadth of the country: Delhi, Faridabad, Gurgaon, Ludhiana, Jalandhar, Ghaziabad, Mumbai, Kolkata, Bangalore, Hyderabad, Chennai, Lucknow, Indore, Aurangabad, Baroda, Allahabad, Ahmedabad, Udaipur, Chandigarh, Surat, Latur, Nanded, Ujjain, Nagpur and Raipur. The brand is known for its commitment to quality and innovation, and it continues to push the boundaries of what a cinema experience can be. The brand has also expanded beyond India, opening locations in countries such as Sri Lanka and the United Arab Emirates.

The story of PVR Cinemas is a testament to the power of innovation and perseverance. Through his passion for cinema and his willingness to take risks and embrace new technologies, Ajay Bijli has transformed the movie-going experience in India and created a brand that is beloved by movie-goers across the country.

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IPR Quiz

1.

This symbol is the service mark of the following:

a. CNN

b. NBC

c. CNBC

d. BBC

 

2.

This symbol represents the following brand:

a. Ricoh Coffee

b. Café Coffee Day

c. Starbucks

d. Coffee Nation

 

(Scroll below for answers.)

 

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From India to the World – Badminton

Ancient India has made significant contributions to the world in various fields, including mathematics, science, philosophy, and spirituality. Many of these contributions have had a profound impact on the world. For example, the concept of zero and the decimal system, which were developed in ancient India, are now used in mathematics and accounting around the world. The practice of yoga, which originated in ancient India, has become a popular form of exercise and stress relief in the Western world. While concepts of Zero, Yoga and Ayurveda are perhaps better known contributions from India, there are some lesser known contributions from India that have gained global recognition. In this series of articles we will be telling you about these lesser known contributions of India to the world.

 

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only”.

 

Badminton is a popular racquet sport that is enjoyed by millions of people around the world. The game has its origins in India, where it was first played in the city of Poona (now known as Pune) in the mid-19th century. In this article, we will explore the history of badminton and how it was invented in Poona, India.

The Origins of Badminton

The origins of badminton can be traced back to ancient civilizations in Greece, China, and India, where variations of the game were played with shuttlecocks made of feathers or other materials. However, the modern version of badminton as we know it today was developed in Britain in the mid-19th century.

In 1873, a group of British officers stationed in Kirkee Military Station in the City of Pune (then called Poona), India saw few local girls playing a game with a shuttle cock and rackets which they called "Poona" or "Poonah" after the city. The British officers reimagined the game, did certain modifications created a new game that would eventually become badminton.

The game quickly gained popularity among the British in India and was soon introduced to England, where it became known as "badminton" after the Duke of Beaufort's estate in Gloucestershire, where the game was played.

The first official rules of badminton were drawn up in 1877 by the Badminton Association of England, and the first badminton tournament was held in 1899. The game spread rapidly throughout the world and became an Olympic sport in 1992.

 

Badminton in India Today

Badminton has a special place in Indian sports culture, and the country has produced many world-class players over the years. The first badminton club in India was established in Pune in 1876, and the first national championship was held in Calcutta (now Kolkata) in 1934. The championship was won by an Indian badminton legend, Vijay A. Madgavkar.

In the early years of Indian badminton, the sport was dominated by players from West Bengal and Tamil Nadu, but in the 1970s and 1980s, the focus shifted to players from North India, particularly Uttar Pradesh. This period saw the rise of legendary Indian badminton players such as Pullela Gopichand, and Saina Nehwal, who have left an indelible mark on the sport in India.

Prakash Padukone was the first Indian to win a medal at the World Championships, winning the men's singles bronze in 1983. Pullela Gopichand followed in his footsteps by winning the men's singles title at the World Championships in 2001. Saina Nehwal became the first Indian woman to win a medal at the World Championships, winning bronze in 2013.

Today, badminton is a popular sport in India, with numerous tournaments and championships being held at the national and international level. Indian players such as Kidambi Srikanth, PV Sindhu, and HS Prannoy are among the top players in the world and have brought great pride to the country through their achievements. India has become a powerhouse in international badminton, winning medals at major tournaments such as the Olympics, World Championships, and Commonwealth Games.

The Indian Badminton League (IBL), a professional badminton league, was launched in 2013 and has helped to popularize the sport even further in the country. The league has attracted top players from around the world and has helped to raise the profile of Indian badminton on the global stage.

The invention of badminton in Poona is a proud part of India's rich sporting history and continues to be celebrated by badminton enthusiasts around the world.

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Decoding Delicious Delicacies - Xacuti/Shakuti

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.

 

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

 

Xacuti / Shakuti

Xacuti, also spelled as shakuti or shakuti chicken, is a popular spicy curry dish from the coastal state of Goa, India. The dish is made with a blend of ground spices and coconut, and is typically served with rice or bread.

The origin of Xacuti can be traced back to the Konkan region of India, which encompasses the states of Goa, Maharashtra, and Karnataka. The dish has its roots in the cuisine of the Goud Saraswat Brahmin (GSB) community, who are known for their rich and flavorful dishes.

According to culinary historians, Xacuti was originally made with meat, most commonly chicken or lamb. The dish was traditionally prepared by grinding a variety of spices, including coriander, cumin, turmeric, cinnamon, and cloves, along with coconut and roasted red chilies. The ground spices and coconut were then cooked with the meat and a souring agent, such as tamarind or vinegar.

Over time, the recipe for xacuti has evolved to include additional ingredients, such as onions, ginger, garlic, and tomato. Some versions of the dish also include cashew nuts and poppy seeds, which add a rich and creamy texture.

Xacuti's unique flavor profile is a result of the combination of spices used in the dish. The coriander and cumin provide a warm and earthy flavor, while the turmeric gives the dish its characteristic yellow color. The cinnamon and cloves add asweet and spicy aroma, while the roasted red chilies provide a fiery kick. The coconut adds a nutty and creamy flavor, which balances out the heat of the spices.

Xacuti has become an integral part of Goan cuisine and is enjoyed by locals and tourists alike. In fact, the dish has gained such popularity that it is now found in many Indian restaurants around the world.

In addition to its delicious flavour, Xacuti is also known for its health benefits. The spices used in the dish are known to have anti-inflammatory and antioxidant properties, which can help boost the immune system and aid in digestion.

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IPR Quiz Answers

1. c. CNBC

2. c. Starbucks

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