Wednesday, May 23, 2007

IP protection in India - A Landmark Judgment

On May 23rd 2007, Supreme Court of India in a landmark ruling, ordered Dabur from using a package design which is deceptively similar to Heinz’s Glucon-D packaging.

This is a landmark ruling in Indian Judicial system. Other companies can now file for protection from imitation brand names and from look alike products. This ruling will have a deep impact on how products are packaged & marketed in India. In India where there are so many look alike products - designed to fool people. For example Cadbury’s Eclair Chocolates have several imitations.

The onus on protecting the IP however lies with the IP owner. Indian legal system does not allow the state administration to proactively protect other’s IP. But with this ruling from Supreme Court, lower courts can easily decide and pass similar judgments. Also IP owners can quote this case to warn other imitators.

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