Trap Purchases and Manufactured Jurisdiction in Indian IP Litigation A study of SML Ltd. v. M/s Happy Agro Chemicals and the doctrine of trap transactions Introduction In intellectual property disputes, few procedural issues matter as much as deciding where a case can be filed. The choice of court often shapes the entire journey of the case — from how quickly interim orders are granted, to the attitude of the local lawyers, to the practical burden placed on a defendant who must fight far from home. Because the forum is so important, plaintiffs sometimes try to influence it. The most common method is the trap purchase : a test buy arranged by the plaintiff, where an investigator pretends to be a regular customer, purchases the allegedly infringing product, and keeps the invoice and packaging. Later, this evidence is used not only to show infringement but — more controversially — to argue that the cause of action arose within the territory of the chosen court. Tra...
The Trademark (Amendment) Rules, 2014 have been notified, revising the official government fees payable for trademark filings in India. With effect from August 1, 2014, the government fee for filing a trademark application has been increased from INR 3,500 to INR 4,000 per class—an increase of approximately 15%. A Pattern of Periodic Fee Revisions This is not the first such revision in recent years. The government fee had previously been increased in December 2010, when it rose from INR 2,500 to INR 3,500 per class. The latest amendment, therefore, marks the second increase within a four-year period, reflecting the Trademark Registry's ongoing efforts to align its fee structure with rising administrative and operational costs. Increase in Fee for Expedited Examination Alongside the increase in the standard filing fee, the government fee for expedited (express) examination of trademark applications has also been revised upward, from INR 17,500 to INR 20,000 per class. Expedited ...