We are a family of strong 800+ people including 470+ professionals working from 14 locations across India.
We have a rich heritage and enduring legacy which are pivotal in shaping trust, excellence, and unparalleled legal expertise, thus building a strong reputation and a trusted brand.
We started in 1985 in a single room set up by the two founders with no prior experience of working in a law firm. Both the founders had outstanding academic records and focused on their deep understanding of the law to form the foundation of the firm.
Integrity, Knowledge and Passion are the principles that resonate with every member of our LKS family and the work that we do. These values drive us to build a community of legally sound professionals and well-serviced clients.
Everything we have accomplished over the last four decades is a result of our unique way of thinking which is deeply influenced by our core values and principles that define us.
We and our professionals consistently garner appreciation for the quality of our services and the depth of our legal expertise. This consistent acknowledgment serves as a testament to our unwavering commitment to exceed expectations.
A rising need for a modern understanding of ‘Traditional Knowledge’ under Indian patent law
ByAashmeen Kaur and Dr. Malathi Lakshmikumaran
The first article in this issue of IPR Amicus sheds light on the current Indian Patent Law associated with safeguarding Traditional Knowledge. It discusses various case law and the Indian Patent Office’s Guidelines for processing patent applications relating to traditional knowledge and biological material. According to the authors, keeping in view the recent time-honoured recognition given to traditional knowledge by the WIPO treaty, a statutory definition of the term as well as judicial interpretation of Section 3(p) of the Patents Act, 1970 can help both the Examiners and the Applicants.
Trademark Siesta: The risks of neglecting use of a trademark
ByVindhya S Mani, Divya Vishvapriya and Nabanita Mallick
The second article in this issue of the newsletter discusses at length nuances of cancellation of a trademark due to non-use. Deliberating upon the legal framework for non-use cancellation and a recent Delhi High Court decision on same, the authors also list certain strategies which may be implemented by the trademark owners to avoid non-use cancellation. According to them by understanding the risks of non-use and taking proactive steps, one can protect a brand’s goodwill, and identity and ensure that the trademark remains a valuable asset for business.
Ratio decidendi
Patent claims – Amendment is to be allowed if amended claim is a subset of original claim – Delhi High Court
Trademarks – Use of same alpha numeral as part of trademark – Anti-dissection rule when not applicable – Delhi High Court
Trademarks – Disclaimer does not strip the trademark owner of common law rights acquired through extensive and recognized use – Delhi High Court
Trademarks – Reverse passing-off on sale of refurbished goods – Delhi HC directs refurbishers to state certain things on packaging, promotional literature, etc.
News Nuggets
WIPO adopts treaty to protect traditional knowledge and genetic resources
McDonald’s loses exclusive right to use ‘Big Mac’ for poultry products in EU
