India: Intellectual Property

The Judgement in Tik Tok Limited v. Registrar of Trade Marks, Mumbai, marks as a crucial milestone in India's Trademark Jurisprudence, highlighting the moment that administrative discretion clashed with the constitutionally-mandated principle of legality.

India has achieved a historic breakthrough in the development of its intellectual property system with the Trade Marks Registry accepting and granting protection to India’s first olfactory or smell trademark- a floral, rose-like aroma used on vehicle tyres, by Sumitomo Rubber Industries Ltd . in respect of Application No. 5860303. The decision is a landmark in Indian trade mark law and it broadens the very concept of what a “mark” could be under the Trade Marks Act, 1999. Traditionally, trademarks in India were confined to visual or audible elements, such as words, logos, shapes and sounds (Graphical representations).

Indian patent law requires annual Working Reports declaring whether patents are commercially exploited on Indian territory. This obligation applies to all patent holders and licensees with active patents in India, even when inventions remain unexploited, and carries significant compliance and strategic implications for intellectual property rights management.