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 accorded priority on a first-to-file basis.
Filing of Fresh Applications
New trademark applications under the formal system will only be accepted once the soft-opening period concludes—tentatively expected to be July 1, 2020.
Until that date, brand owners retain the option of securing rights under the existing declaration-based system. Accordingly, businesses may still file new applications under the current Deed of Declaration system up to December 31, 2019, and subsequently re-file the same marks with the IPO on or after January 1, 2020, thereby preserving priority under the first-to-file principle once the new system takes effect.
Examination Process
All applications filed with the IPO will be subject to both formality and substantive examination. The specific documentary requirements and official fee structure are yet to be finalized and will be announced in due course.
While looking, attempt changed blends of your name. For instance, in the event that you are scanning for AMAZON, search for AMASON, HAMAZON, or comparable word designs. Attempt a few unique blends of words and spellings. Reach vakilsearch to Trademark Search
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