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...
On January 30, 2019, the Parliament of Myanmar passed the country's first modern Trademark Law, marking a significant step toward aligning Myanmar's intellectual property regime with international standards. This legislation will replace the existing practice—under which trademark rights are secured merely by registering a Declaration of Ownership with the Office of the Registration of Deeds—with a formal, examination-based trademark registration system. To administer this new regime, Myanmar will establish an Intellectual Property Office ("IPO") under the Ministry of Commerce. Transition for Existing Registrations Recognizing that numerous trademarks are already on record under the old declaration-based system, the IPO will introduce a "soft-opening" period, commencing in January 2020, during which owners of existing registrations may re-file their marks with the IPO. This re-filing window will remain open for six (6) months, and re-filed marks will be a...