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...
India Releases Comprehensive Concept Note on Proposed Amendments to the Designs Act, 2000: Paradigm Shift Toward Digital Innovation and International Integration
Summary The Controller General of Patents, Designs and Trademarks has published a comprehensive Concept Note outlining transformative amendments to the Designs Act, 2000. The proposed reforms introduce groundbreaking protection for non-tangible design forms including GUIs, virtual reality interfaces, and animations; clarify the design-copyright interface to prevent perpetual monopolies; establish a full 12-month grace period for all types of disclosures; enable deferred publication aligned with the Hague Agreement; introduce statutory damages up to ₹50 lakhs for willful infringement; restructure protection terms to a 5+5+5 system; permit multiple designs in single applications; enable divisional applications; and incorporate comprehensive provisions for international registration under the Hague Agreement, positioning India as a global hub for design innovation. Overview: A New Era for Indian Design Protection The Controller General of Patents, Designs and Trademarks has released...