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We wish you a very Happy 2024!
This compilation contains the compilation of significant judgments of 2023 which are related to trademarks, copyrights, patents, and other intellectual property rights. The team of IPHolics wants all of the readers to be familiar with the case laws that have been decided by the Supreme Court or High Courts. Along, with this compiled a list of registered GI tags in 2023. This is an attempt by the team to create a thorough understanding of intellectual property because case laws are crucial to having clarity in any area of law. Changes brought about by various cases help people grasp the dynamic nature of law as society evolves over time.
- Vifor International Ltd. v. MSN Laboratories Pvt. Ltd and Anr [CS(COMM) 261/2021 I.A. 7041/2021]- The Delhi High Court conducted a comprehensive examination of the “product by process patent” concept and its relevance in the Indian patent system. However, the Division Bench, currently, has suspended the Single Judge’s decision, differing on the characterization of the claims as solely “product by process” claims.
- Afga v. Controller [C.A.(COMM.IPD-PAT) 477/2022]- The Delhi High Court observed an imminent need to update the “Manual of Patent Office Practice and Procedure” so that Examiners and Controllers can receive better guidance on dealing with intricate matters related to complex inventions.
- Allergan Inc v. The Controller of Patents [C.A. 2023/DHC/000515]- On January 20, 2023, the Delhi High Court, interpreting Section 59(1), stressed that patent claims (including amended ones) must be read alongside the complete specification. In a case involving the transformation of method claims to product claims under Section 3(i), the court allowed amendments, highlighting the disclosure of implant details for ocular treatment in the original claims as per Section 59(1).
- Societe Des Produits Nestle Sa v. Controller of Patents and Design [C.A. 2023/DHC/000774]- The Delhi High Court, overturning a Patent Office refusal, asserts its authority to demand patent claim amendments during appeals, citing Section 15 of the Patents Act. The ruling emphasizes that Section 59 permits amendments at the appellate stage, provided they meet the Act’s requirements.
- Boehringer Ingelheim Pharma Gmbh v. Vee Excel Drugs [CS (COMM) 239/2019]- The Single Judge, in a March 29, 2023 order, refused injunctive relief, citing a prima facie case for the invalidity of the species patent. The court rejected the ‘coverage’ and ‘disclosure’ dichotomy, asserting that when a product is covered in the genus patent, specific disclosure in the species patent is irrelevant.
- Novartis AG v. Natco Pharma Limited [C.A. 2023/DHC/000113]- A co-ordinate bench of the Delhi High Court issued an interim injunction on January 9, 2023, in favour of the patentee enforcing their species patent. The court recognized the ‘coverage’ and ‘disclosure’ distinction, asserting that for species patent disclosure, the genus patent must guide the skilled person on ‘how to reach’ it, presenting a potential contrast with the aforementioned Boehringer judgment.
- Indian Immunologicals Ltd. v. IPCA Laboratories Pvt. Ltd. & Anr.- judgment dated 8 December 2023 [(T) CMA (TM) No. 72 of 2023]- The appellant applied for registration of the word mark “INIMOX” concerning medicinal and pharmaceutical preparations for veterinary use on a “proposed to be used” basis. The registered proprietor of the trade mark “IMOX” under Trade Mark in class 5 in respect of pharmaceutical and medicinal preparations with effect from 06-10-1986 filed an opposition against the applied mark and that the impugned mark “INIMOX” is deceptively similar to its mark. The Madras High Court clarified that a mark may be granted registration if the competing marks operate in distinct trade channels and markets.
- Decco Worldwide Post Harvest Holdings B.V v. The Controller of Patents and Designs- [2023 LiveLaw (Cal) 148]-Decco had applied for an Indian patent for an invention of a fungicidal treatment method to prevent leaf disease that infects banana plants. The Court took note of the lack of reasoning by the Controller and their failure to appreciate the facts presented by the Decco. Specifically, the Court was perplexed and questioned the Controller’s lack of clear explanation for categorizing the invention, a fungicidal treatment method, as a non-patentable subject matter under section 3(h) of the Act since it deals with the patentability of methods of agriculture and horticulture, not plant treatment methods. Therefore, the Calcutta High Court criticized a rejection order issued by the Assistant Controller of Patents and Designs (Controller).
- F Hoffmann-La Roche Ltd. v. Drugs Controller General Of India- September 2023 [CS COMM 540/2016]- The Delhi High Court rejected the applications filed by Cadila Healthcare and Hetero Drugs. These applications sought the dismissal of the plaints in Roche’s lawsuits concerning the biosimilar versions of cancer drugs Trastuzumab and Bevacizumab. The court’s judgment upheld established legal precedents on dismissing plaints under Order VII Rule 11 CPC. Additionally, it acknowledged the doctrine of ‘extended passing off’ in connection with an expired patent.
- Burger King Corporation v. Ranjan Gupta & Ors.- March 2023 [C.O. (COMM.IPD-TM) 686/2022]-The Delhi High Court dismissed a claim of invalidity against Burger King Corporation’s registered trademark ‘Burger King’. Justice Amit Bansal held that “In my view, the defendants have failed to place any material in support of their submission that the trademark “BURGER KING‟ is either generic or common to trade. It cannot be denied that the plaintiff has used the trademark “BURGER KING‟ since 1954 and holds registrations for the said mark in over 122 countries including India.
- Humanity Life Extension LLC v. Union of India [W.P.(C) 12238/2019]-The Delhi High Court asserts that timelines outlined in Rule 138 of the Patent Rules must be strictly interpreted, and there is no room for leniency under Rule 49.6 of the PCT Regulations.
- Microsoft v. Asst. Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 29/2022]-On November 7th, 2003, Microsoft filed a patent application (1373/DEL/2003) for the invention “Methods and Systems for authentication of a user for sub-locations of a network location.” Despite legislative intent and past court interpretations, the IPO rejected the application under Section 3(k). Microsoft appealed this decision to the Delhi High Court, challenging the Controller’s order. The IPO has often emphasized the necessity of novel hardware, as seen in this case. The Court emphasized the need to assess patent applications based on established judicial precedents, Section 3(k) of the Act, existing guidelines on CRIs, and relevant legislative materials. Criticizing the Controller’s approach, the Court clarified that involving a mathematical or computer-based method doesn’t automatically make an invention non-patentable. It stressed evaluating whether the claimed invention, even on a general-purpose computer, enhances the system’s functionality. Rejecting a patent application merely for involving algorithms on a conventional computing device was deemed an incorrect approach. Furthermore, the Court highlighted that if a subject matter, even implemented on a general-purpose computer, improves the computer system’s functionality, it cannot be rejected as a “computer program per se.” The Court criticized the Controller’s oversight in interpreting “per se” under Section 3(k) of the Act.
- Enconcore N.V v. Anjani Technoplast [CS(COMM) 382/2019]-The Delhi High Court grappled with a complex case involving an injunction for patent infringement where the patentee, Enconcore, doesn’t manufacture the patented product in India. Enconcore holds Indian Patent no. 260709 for “Folded Honeycomb and process for producing the same.” Despite licensing its technology and minimal domestic production, Enconcore sought an injunction against Anjani Technoplast Ltd for patent infringement. Considering Enconcore’s willingness to license and Anjani Technoplast’s supply to the Ministry of Defence since 2012, the court proposed an interim arrangement instead of a complete production stoppage. The modified order permits the Defendant to exclusively supply the Impugned Product to the Ministry of Defence, enabling manufacturing and use of honeycomb panels. To protect the Plaintiff’s interests, the Court directed the Defendant to deposit Rs. 25 lakhs with the court.
- Guangdong Oppo Mobile v. The Controller Of Patents And Others [Aid No. 20 of 2022]-Guangdong Oppo Mobile, an electronics manufacturer, sought a patent in India for an innovative charging system, method, and power adapter. The application aimed to introduce a pulsating waveform voltage directly to a mobile terminal’s battery, promising miniaturization, cost efficiency, and extended battery life. Unfortunately, the initial patent application faced rejection from the Controller of Patents, citing a lack of novelty and inventive steps. Recently, the Calcutta High Court overturned this decision, directing a fresh evaluation and the issuance of a Second Examination Report (SER) within three months. The court clarified that the prior art document must comprehensively address the invention and emphasized the distinction between novelty and obviousness tests. Mosaicking of prior arts is permitted only when a common thread links the claims with prior art apparent to a skilled person. Additionally, the court stressed that when claims are amended, the patent office must issue a fresh SER.
- Zydus v. Dabur [CS (COMM) 304/2022] – The Single Judge Bench at Delhi High Court analysed factors like the nature of marks, similarity in idea, overall structure, and customer’s imperfect recollection and compared rival products. It held Dabur adopted marks similar to famous Zydus brands to gain an unfair advantage. Ordered Dabur to not use impugned or similar marks for its glucose powder, antiseptic liquid and calcium supplement products. However, no damages were granted as Dabur acted promptly to change packaging and advertising material on receiving the complaint.
- Subway IP LLC v. Infinity Food [2023/DHC/000269]– Here trademark infringement suit was filed against Infinity Food Solutions Pvt. Ltd. for using the name ‘sub z heroes’. The Delhi High Court analysed factors like the nature of marks, trade channels, and similarity in ideas and held that Infinity had violated Subway’s intellectual property rights. It granted a permanent injunction restraining Infinity from using the infringing mark ‘Sub z Heroes’ or any other deceptively similar marks in relation to its business.
- Novamax Industries Llp v. Prem Appliances [CS(COMM) 177/2021] – The Hon’ble Delhi High Court vacated the Injunction order. The court did not consider the submission of the Plaintiff to various designs under the brand name “ZEPHYR” and stated that the document of internet advertisement available was prima facie fatal to the Plaintiff’s case as the same was a clear evidence of prior publication.
- Google v. DRS Logistics (P) Ltd. [2023 SCC OnLine Del 4809]– The Delhi High Court ruled in favour of the respondent and held that the invisible use of a mark may also infringe a trade mark. There was an obligation of part of Google to ascertain that the keyword chosen by an advertiser is not a trade mark and even if it is a trade mark the same has been licensed/assigned. Google could not avail the benefit of the safe harbour protection of being an intermediary under Section 79 of the IT Act.
- Abdul Rasul Nurallah Virjee and Jalalluddin Nurallah Virjee v. Regal Footwear [2023 Latest Caselaw 8714 Bom] – The Hon’ble Bombay High Court in this case found prima facie infringement and imposed a temporary restriction on the Defendant- Regal footwear from using the mark regal. On acquiescence, the court reiterated that for acquiescence “there must be positive acts supported by weighty material as it entails an equitable defeasment of a statutory right conferred upon a party.”
- Casio Keisanki Kabushiki Kaisha D/B/A Casio Computer Co. Ltd. V. Riddhi Siddhi Retail Venture [2023/DHC/000886]– Justice Shankar observed that the design of Riddhi Siddhi’s keyboard was an “obvious imitation” of Casio’s design, under the provisions of the Designs Act. The Delhi High Court upheld an interim order restraining the defendant from selling musical keyboards with a design deceptively similar to Casio’s. The court found that the defendant’s keyboards closely resembled Casio’s design.
- The Chinese University of Hong Kong and Sequenom, Inc. v. The Assistant Controller of Patents and Designs [4812/CHENP/2012]: The Hon’ble Madras High Court distinguished between screening and diagnostic tests, establishing that the appellants’ method, though related, was not explicitly diagnostic, rendering objections on Section 3(i) grounds invalid. The judge also suggested refining Section 3(i) while highlighting potential measures for treatments and leaving the final decision on such amendments to the competent authorities.
- Intex v. Ericsson [MANU/DE/2188/2023] –A dispute about Standard Essential Patents (SEPs) in the telecommunications industry is at the forefront of this case. Intex refused to pay royalties for using Ericsson’s SEPs, and Ericsson filed a lawsuit alleging patent infringement against the company. The Competition Commission of India (CCI) received a complaint from Intex, claiming that Ericsson’s terms were not reasonable, fair, and non-discriminatory (FRAND). The Delhi High Court held that when it comes to a patentee’s ability to exercise their rights, the Patents Act, 1970 must prevail over the Competition Act, 2002.
- Nokia v. Oppo [2022/DHC/004935]-Nokia won its case against Oppo for patent infringement in the Delhi High Court. Owing to Oppo’s improper use of Nokia technology, the court found that Oppo had to deposit 23% of its India sales revenue as security. Oppo’s substantial sales in India and its claimed unauthorized usage of Nokia’s proprietary technologies served as the basis for this verdict. Later, the Supreme Court rejected Oppo’s appeal against the High Court’s decision, highlighting how crucial it was to let the trial continue to allow for a thorough evaluation of the case’s merits.
- Syngenta Ltd. v. Controller of Patents [C.A.(COMM.IPD-PAT) 471/2022]-The Delhi High Court clarified the requirements for submitting divisional petitions and the circumstances under which they may be submitted. The court stressed that divisional applications cannot be approved based only on product claims that have been revealed because everything that is not stated clearly is deemed to be disclaimed. The outcome of this case could improve and expedite India’s patent prosecution procedure.
- Selfdot Tech. v. Controller General of Patents [2023: MHC:5258]-The Madras High Court ruled that a “Patent of addition” would not be considered abandoned under Section 40 if prior approval under Section 39 was not obtained. The patent applicant’s sincere view that the license was not required because of the earlier application in India was highlighted by the Court, which categorized the breach as technical rather than substantial.
- Groz-Beckert Kg v. Union of India [2023 LiveLaw (Cal) 17]- The categorization of sewing machine needles for customs duty purposes was the primary concern. Sewing machine needles should be categorized under heading 84.40/68 of the Customs Tariff Act, 1975, not heading 84.81/82, according to the ruling of the Supreme Court of India. This ruling established the rule that goods must be classified for customs purposes according to their essential nature and intended use, not only by their brand name or commercial designation.
- Raytheon Company v. Controller General of Patents and Designs C.A. [COMM.IPD-PAT) 121/2022]A patent refusal based on Section 3(k) of the Patents Act, which concerned an algorithm or computer program was overturned by the Delhi High Court. The Indian Patent Office (IPO) was opposed by the court, which held that the claimed innovation reduced computational demands by revealing a scheduling approach for high-performance computing systems, addressing issues in prior art. The court instructed the IPO to review the application again without requiring adherence to the 2016 Computer-Related Inventions (CRI) Guidelines while upholding its rulings from earlier cases.
- Novozymes v. Assistant Controller of Patents & Designs [OA/6/2017/PT/CHN]- The patentability of a process for creating a variation of a known protein was the primary point of dispute. The court determined that because the method included a novel and inventive step, it qualified for patent protection under Section 3(d) of the Indian Patents Act. The verdict’s ratio said that while a newly discovered form of a known chemical does not automatically qualify as an invention, one that has a markedly improved level of efficacy may be eligible for patent protection. This lawsuit established a precedent in India on the patentability of breakthroughs in biotechnology.
- Saurav Chaudhary v. Union of India [W.P.(C)-IPD 9/2023]- The necessity of regulating or overseeing patent and trademark agents was the primary concern. The ruling by the Delhi High Court emphasized how important regulation is in this field. Contrary to what some search results may indicate, the case had nothing to do with the doctrine of reasonable classification or minority students’ right to admittance to minority institutions.
- OpenTV Inc. v. The Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 14/2021]- This case concerned the validity of a patent application for a technique of internet-based television programming broadcasting. The primary concern was whether the idea lacked innovative steps and was obvious. The Delhi High Court dismissed the patent application because the innovation was obvious and lacked innovative steps. The court’s decision addresses key issues related to the exclusions under the Patents Act and provides clarity on the scope of patentability for software-based innovations.
- Procter and Gamble Company v. Controller of Patents and Design [C.A.(COMM.IPD-PAT) 268/2022], the patentability of an innovation pertaining to a toothbrush was the primary concern. According to the court’s May 5, 2021, ratio of judgment, the innovation was not patentable since it lacked an innovative step. The patent application was denied by the court on the grounds that the invention lacked inventive step and novelty. Regarding patent law and the requirements for patentability, this decision is important.
Other Notable IP-Related Developments
- Madras High Court inaugurated the IP Division
On April 12, 2023, the Madras High Court inaugurated its Intellectual Property Rights (IPR) Division, becoming the second High Court in India, after the Delhi High Court, to establish a dedicated division for IPR disputes. The Madras High Court Intellectual Property Division Rules, 2022, were simultaneously notified on April 6, 2023, addressing concerns of IP litigants post the abolition of the IPAB. These rules apply to various jurisdictions of the Court, excluding penal provisions of IP statutes. Additionally, the Calcutta High Court has released the Draft IPD Rules for public comments by January 5, 2024.
2. India Enacted the Digital Personal Data Protection (DPDP) Act, 2023, for Robust Data Privacy
India officially implemented the Digital Personal Data Protection Act, 2023, following parliamentary approval and the President’s assent on August 11, 2023. The legislation, effective immediately, governed digital personal data processing, impacting entities like internet companies and mobile apps. State agencies could receive exemptions at the government’s discretion. Aligned with global standards, it drew inspiration from GDPR and China’s PIPL. The Act emphasized accountability, transparency, and citizens’ right to privacy, extending its reach beyond India’s borders for organizations dealing with Indian citizens’ data abroad. This marked a significant leap in India’s past data protection efforts amidst its evolving digital landscape.
3. MoC invites comments on the Draft Patent (Amendment) Rules, 2023
The Ministry of Commerce issued the Draft Patent (Amendment) Rules, 2023 on August 22, inviting feedback from stakeholders. If approved, these rules could significantly impact the Indian Patent landscape by altering working statement requirements, pre-grant opposition, and disclosure of information about foreign applications.
4. Parliament passed the Cinematograph (Amendment) Bill, 2023
On July 31, Parliament approved the Cinematograph (Amendment) Bill, 2023, targeting ‘film piracy.’ This bill marks the first substantial update to the Cinematograph Act, 1952 in nearly four decades. Amendments include penalties for unauthorized film recording (Section 6AA) and exhibition (Section 6AB), carrying potential jail terms of up to three years and fines of up to 5% of a film’s production cost. Notably, the Act lacks clarity by using the term ‘piracy’ without a defined meaning, deviating from the typical association with copyright infringement.
5. Jan Vishwas Act, 2023 Passed by Parliament
On August 2, Parliament approved the Jan Vishwas (Amendment of Provisions) Bill 2022, transforming it into the Jan Vishwas Act, 2023. This Act decriminalizes various offences under 42 statutes, including the Copyright Act, Patents Act, Trade Marks Act, and Geographical Indications Act. Despite aiming for ‘Ease of Living and Doing Business in India,’ the Act dilutes critical provisions, such as a ten-fold reduction in penalties for non-filing of Form 27, raising concerns about the impact on safeguard effectiveness. It also removes Section 68 of the Copyright Act, potentially leading to baseless criminal action threats by copyright owners. In the pharmaceutical trademarks context, the Act misses addressing deceptive practices and relaxes penalties for pharmacies, potentially impacting competition, public health, and consumer welfare.
6. Biological Diversity (Amendment) Act Approved by Parliament
On September 27, Parliament passed the Biological Diversity (Amendment) Act, 2023. The Act proposes decriminalizing offences and exempting users of codified traditional knowledge and AYUSH practitioners from sharing benefits with local communities. Criticized for jeopardizing the interests of indigenous people and local communities, the Act removes local communities’ say and benefits claimants, replacing them with a non-representative body to settle access to biological resources issues.
7. CGPDTM Seeks Input on IP Manuals Revision
The Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) invited comments on the revision of intellectual property (IP) manuals and guidelines on August 20, 2023. These resources play a crucial role in implementing statutory provisions, and the move aligns with a Delhi High Court observation on the necessity to update the Patent Manual.
8. Ministry of Consumer Affairs Issues Dark Patterns Guidelines 2023
The Guidelines for Prevention and Regulation of Dark Patterns 2023, released by the Ministry of Consumer Affairs, aim to combat deceptive design elements in user interfaces. Addressing practices like false urgency and subscription traps, these guidelines intersect with intellectual property (IP) law issues, including trademark infringement, misuse of copyrighted content, and design patent violations. Ethical design and compliance with IP laws are emphasized to protect consumers from deceptive practices.
9. Issues with the IP India website and E-register
Issues with online trademark portals led to a temporary suspension of the Trademark Public Search and E-register features on the IPIndia website from 10 AM to 3:30 PM on working days starting September 14. The Controller General of Patent Design and Trademark cited server load problems and aimed to upgrade hardware and software for better performance. The Intellectual Property Attorneys Association filed a writ petition, claiming significant prejudice to trademark-related activities. The Delhi High Court directed the Controller General’s office to respond and resolve the issue, coinciding with an officer’s hopeful statement during a Trademark Open House Session on December 19.
10. ISRA and Music Labels Reach Milestone Royalty Agreement
Reports emerged on April 25, 2023, about a historic royalty-sharing agreement between the Indian Music Industry (IMI) and the Indian Singers Rights Association (ISRA). While specific details remain undisclosed, the agreement, signed in October 2022 and announced in April 2023, is said to cover all record labels, singers, and musicians nationwide. Notably, IMI, as an industry body, can’t directly collect royalties; this responsibility falls on its sister concern, PPL. The agreement addresses long-neglected royalty rights, offering a guaranteed Rs. 50 crore for the first year with subsequent increments. However, it may not extend to royalties for streaming services.
11. Delhi High Court’s IP Division Releases Annual Report
The Delhi High Court’s IP Division unveiled its Annual Report for 2022-23, reflecting on its establishment following the abolition of the IPAB. The report underscores the uncertainties post-IPAB abolishment, requiring close coordination with the IP Bar. It provides details on cases heard, resolved, and pending, offering a comprehensive overview of the IPD’s activities.
Registered GIs in 2023
1. Product: Kari Ishad Mango
Category: Agricultural
State: Karnataka
Details: According to the Geographical Indications Journal of the government, the Kari Ishad is accepted as one of the finest quality mangoes due to its unique aroma, luscious taste, high amount of pulp, shape, and size.
2. Product: Marthandam Honey
Category: Natural
State: Tamil Nadu
Details: The honey produced in Marthandam has been certified as AGMARK ‘A’ grade by the Government of India. It is known for the superior quality of Wild honey from the enchanting forest of Kanyakumari.
3. Product: Sholavandan Vetrilai
Category: Agricultural
State: Tamil Nadu
Details: It is believed that the Sholavandan area, situated on the banks of the Vaigai River, is famous for cultivating betel leaves with unique qualities like taste and aroma due to the fertile alluvial soil.
4. Product: Ladakh Shingskos (Wood Carving)
Category: Handicraft
State: Ladakh (UT)
Details: Ladakh wood carving, a vibrant art form in the region, includes intricate floral patterns etched on various objects by skilled craftsmen using mallets and chisels. Tsering Namgyal, a woodcraft artist from Hinju village, received the Padma Shri for his significant contributions to this traditional craftsmanship. The art draws inspiration from Tibetan Buddhism, with motifs on furniture and monastery pillars reflecting specific meanings tied to local culture, society, and rituals.
5. Product: Negamam Cotton Saree
Category: Handicraft
State: Tamil Nadu
Details: Negamam Cotton Saree, also known as village cot saree, is renowned for its thickness (86-90 PPI), durability, and vibrant multicolored thread work of motifs and checks. Woven in Negamam, the traditional saree, measuring 7.3 to 8.2 meters, uses 80s count cotton yarn in both warp and weft, with a unique feature attributed to the moisture-laden wind from the Western Ghats during its peak manufacturing period from June to November.
6. Product: Basohli Painting
Category: Handicraft
State: Jammu & Kashmir (UT)
Details: Basohli painting is a distinctive 17th-century miniature art form originating from the town of Basohli in Jammu and Kashmir. Known for vibrant colors, bold lines, and intricate details based on Hindu mythology, it gained prominence during Raja Kirpal Pal’s reign. With a slow, meticulous process using natural colors on paper or silk, Basohli paintings received a Geographical Indication (GI) tag, offering legal protection and economic benefits, but ongoing government support is crucial for its sustained development and artist livelihoods.
7. Product: Indi Limbe
Category: Agricultural
State: Karnataka
Details: Indi lime is distinguished by its rich ascorbic acid content, minimal seeds, thin rind, and high juiciness, making it a sought-after variety in both national and international markets. The recently acquired Geographical Indication (GI) tag is expected to boost its global popularity.
8. Product: Cumbum Panneer Thratchai
Category: Agricultural
State: Tamil Nadu
Details: Cumbum grapes, known as Cumbum Panneer Thratchai, along with Malai Poondu from Kodaikanal, Srivilliputtur Palkova, and Palani Panchamirtham, have received the prestigious Geographical Indication (GI) tag. The Cumbum Valley in Tamil Nadu, acclaimed as the “Grapes City of South India,” is the primary cultivation area for the Muscat Hamburg variety, constituting over 85% of grape-growing regions in the state. Renowned for its rapid growth, rich flavor, and versatility, these grapes are used for making wine, spirits, jams, canned juice, and raisins.
9. Product: Banaras Pan (Betel Leaf)
Category: Agricultural
State: Uttar Pradesh
Details: Banarasi Paan is made using Betel leaf of ‘Paan Patta’ which is the primary ingredient. Banarasi Paan. This leaf which contains all the other ingredients is then folded to make a pocket, which is called Paan. Here are the most popular ingredients of Paan- Supari, Gulkand, Saunf, Chuna, Katha, Kesar Chutney, Chuara, Coconut, Tutti Frutti or Sugar, Elaichi and Jaiphal powder.
10. Product: Pashmina Wool of Ladakh
Category: Handicraft
State: Ladakh (UT)
Details: The GI tag for Ladakh’s Pashmina wool acknowledges its distinctive quality, safeguarding the region’s traditional heritage while boosting marketability and branding. This recognition is poised to benefit numerous individuals involved in the Pashmina wool industry in the region.
11. Product: Muzaffarnagar Gur (Jaggery)
Category: Food Stuff
State: Uttar Pradesh
Details: Muzaffarnagar’s jaggery has world-class quality and economic significance. GI recognition is poised to increase local and international market prices, benefiting both farmers and the region’s economy, while also contributing to cultural heritage and promoting tourism.
12. Product: Authoor Vetrilai
Category: Agricultural
State: Tamil Nadu
Details: Authoor betel leaves derive their distinct pungency from the unique water of the Thamirabarani River, their main irrigation source. Cultivated across 500 acres in Authoor and surrounding villages, these betel leaves, including varieties like with the Nattukodi variety known for its extended freshness due to its long petiole.
13. Product: Ramnagar Bhanta (Brinjal)
Category: Agricultural
State: Uttar Pradesh
Details: Ramnagar Bhanta, renowned for its taste, quality, and distinct characteristics, boasts large-sized brinjals, weighing up to 2-2.5 kg each, with a unique color transition from green to yellow. This sought-after variety, popular in Varanasi and surrounding areas, not only serves culinary purposes but also holds traditional significance, particularly in seed cultivation.
14. Product: Banaras Langda Aam (Mango)
Category: Agricultural
State: Uttar Pradesh
Details: The Langra mango of Varanasi, originating from Bengal’s Malda mango and believed to have emerged 250 to 300 years ago in a Shiva temple, is renowned for its sweetness. Legend attributes its name to a saint, known as “langra” (lame in Hindi), who planted a special mango seed, leading to the widespread cultivation of the delectable Banarasi Langra mango.
15. Product: Salem Sago (Javvarisi)
Category: Food Stuff
State: Tamil Nadu
Details: Salem Sago, locally known as Javvarisi, is a type of tapioca pearl produced in the Salem district of Tamil Nadu, India. It is widely recognized as Sabudana, a popular ingredient in Indian cuisine. Salem Sago is derived from the wet starch powder obtained by crushing and extracting starch from tapioca roots.
16. Product: Jabalpur Stone Craft
Category: Handicraft
State: Madhya Pradesh
Details: Madhya Pradesh’s handicrafts, including Gond paintings, Gwalior carpets, Ujjain batik prints, Jabalpur Bhedaghat stone craft, Waraseoni sarees, and Sunderja-mango from Rewa, have collectively received Geographical Indication (GI) tags, marking a historic moment for the state with a total of 19 products now recognized. The GI tags signify the unique geographical identity and distinctive qualities of these products, enhancing their market value under the certification granted by the Union Ministry of Commerce.
17. Product: Waraseoni Handloom Saree & Fabrics
Category: Handicraft
State: Madhya Pradesh
Details: Waraseoni gains global recognition for its traditional cotton sarees and contemporary silk handloom fabrics, reflecting centuries of mysticism and cultural sensitivity. The intricate hand embroidery, and diverse product range including sarees, dupattas, and kitchenware, along with exquisite motifs inspired by the surrounding beauty, contribute to the allure of Waraseoni’s handloom art.
18. Product: Gwalior Handmade Carpet
Category: Handicraft
State: Madhya Pradesh
Details: Gwalior, influenced by its Mughal history, maintains a rich Persian aesthetic seen prominently in its renowned carpet-weaving craft. Beyond traditional floor protection, these carpets are now sought after for interior decor, also serving as insulating agents when hung on walls in colder regions.
19. Product: Ujjain Batik Print
Category: Handicraft
State: Madhya Pradesh
Details: Bherugarh, near Ujjain, is renowned for its ancient craft of Batik printing, a wax-resist dyeing and printing technique practiced for over 2000 years. With about 800 artisans, the village excels in this meticulous process, where hot wax is applied to selected fabric areas, resisting dye and creating vibrant patterns, including techniques like the distinctive crushed effect.
20. Product: Wrought Iron Crafts of Dindori
Category: Handicraft
State: Madhya Pradesh
Details: The Agaria tribe in Madhya Pradesh and Chhattisgarh, traditionally iron smelters and blacksmiths, showcase their intricate iron craft at events like the Aadi Mahotsav Fair. Using traditional techniques, they create beautiful iron objects, facing challenges from modern alternatives but receiving support from the government to preserve their ancient craft.
21. Product: Mata ni Pachhedi
Category: Handicraft
State: Gujarat
Details: Gujarat’s unique handicraft, ‘Mata ni Pachedi,’ has secured a Geographical Indication (GI) tag. This religious textile folk art, dating back around 300 years, intricately depicts stories and legends related to the Mother Goddess through hand painting or block printing on fabric, marking the 17th GI tag for products from Gujarat.
22. Product: Mahoba Gaura Patthar Hastashlip
Category: Handicraft
State: Uttar Pradesh
Details: Mahoba is known nationwide for its exquisite Gaura stone craft, which is made of radiant white-colored stone predominantly found in this region. The stone has a soft texture. It is cut into several pieces, which are then used for making various craft items that are used for ornamental purposes.
23. Product: Mainpuri Tarkashi
Category: Handicraft
State: Uttar Pradesh
Details: Tarkashi, an intricate art, is used to decorate doors, jewellery boxes/trays, lamps, flower pots and decorative pieces. Brass, copper and silver wires are inlaid in wood, a technique that is unique to Mainpuri district.
24. Product: Sambhal Horn Craft
Category: Handicraft
State: Uttar Pradesh
Details: Sambhal’s horn and bone products are known all over the world. In fact, the horn-bone handicrafts made here are exported to various countries. The district offers a wide range of decorative horn-bone handicrafts that are available in different attractive looks, designs, and patterns.
25. Product: Amroha Dholak
Category: Handicraft
State: Uttar Pradesh
Details: The Amroha Dholak is a musical instrument made of natural wood. Mango, jackfruit, and teakwood are preferred for making the dholak’s. Wood from mango and Sheesham trees is used to carve the multiple-sized and shaped hollow blocks, which are later fitted with animal skin, mostly goatskin, to create the instrument.
26. Product: Baghpat Home Furnishings
Category: Handicraft
State: Uttar Pradesh
Details: Baghpat is mainly known for its Home Furnishing works across the country. Home furnishing products like bed sheets, mattresses, towels, pillows and other products are supplied from Baghpat across the country.
27. Product: Barabanki Handloom Product
Category: Handicraft
State: Uttar Pradesh
Details: The Barabanki district is known for fabric knitting through handlooms. Owing to the high demand of cotton clothing, there is also a huge demand for handloom products prepared using traditional technology. Weaving is done in urban as well as rural areas of the district.
28. Product: Kalpi Handmade Paper
Category: Handicraft
State: Uttar Pradesh
Details: The craft of making handmade paper from waste paper and cloth strings is prominent in Kalpi, situated on the banks of Yamuna in Jalaun district. This paper is used to make a variety of products such as office files, carry bags, absorption papers, visiting cards and more. The quality of production can be improved by using modern technology and methods. Jalaun is known for its specialization in providing handmade paper in different designs and patterns, of different thicknesses and sizes suitable for a variety of purposes.
29. Product: Atreyapuram Pootharekulu
Category: Food Stuff
State: Andhra Pradesh
Details: Atreyapuram Pootharekulu, a traditional sweet from Andhra Pradesh, has earned the Geographical Indication (GI) tag, restricting its production to Atreyapuram village. Made with a batter of coarse rice, the delicate sweet involves crafting edible thin films, called ‘poothareku,’ stuffed with jaggery powder and cashew, showcasing the unique culinary expertise of the village’s women for over three centuries.
30. Product: Ladakh Seabuckthorn
Category: Agricultural
State: Ladakh (UT)
Details: Ladakh’s sea buckthorn is a thorny bush-yielding sought-after berries used for making juice, squash, soaps, and traditional medicines due to its high Vitamin-C content. Despite harvesting challenges, initiatives and financial support are underway to increase cultivation on barren land, bringing attention to the region and providing income for farmers.
31. Product: Bhandara Chinoor Rice
Category: Agricultural
State: Maharashtra
Details: Bhandara Chinnor rice, a distinct aromatic variety from Vidarbha, has unique qualities and this GI will benefit local farmers. The application, submitted by the Bhandara Chinnor Dhan Utpadak Sangh, aims to recognize the rice’s significant fragrance and taste, ensuring a premium price for the produce and promoting conservation of traditional agricultural varieties in Maharashtra.
32. Product: Jaderi Namakatti
Category: Handicraft
State: Tamil Nadu
Details: Jaderi Namakatti, recently granted the Geographical Indication (GI) tag, is a traditional clay product crafted in the village of Jaderi, Tamil Nadu. Shaped by skilled artisans from hydrous silicate minerals, it holds cultural significance, traditionally adorning idols and individuals in religious ceremonies, while also being used therapeutically for treating stretch marks, embodying an occupational heritage for around 120 families in the region.
33. Product: Agra Leather Footwear
Category: Manufactured
State: Uttar Pradesh
Details: The Agra leather footwear, recently granted the Geographical Indication (GI) tag, has a rich heritage dating back to the Mughal era, showcasing unique techniques developed over 500 years. With an annual business of Rs 25,000 crore, including Rs 4 to 5 crore in exports, the GI tag is expected to boost Agra’s footwear industry, benefiting artisans, traders, manufacturers, and exporters while enhancing its global recognition.
34. Product: Nathdwara Pichhwai Painting
Category: Handicraft
State: Rajasthan
Details: Pichwai is a sanskrit word, Pich in sanskrit means ‘back’ and Wai means ‘hanging’.Pichwai painting style is an Indian traditional art form which originated hundreds of years ago in the backdrop of Shrinath Ji temple situated in Nathdwara town of Rajasthan. Pichwai art belongs to the Mewar school of textile paintings. This art is essentially a pictorial narrative of enchanting tales of Lord Krishna.
35. Product: Kanyakumari Matti Banana
Category: Agricultural
State: Tamil Nadu
Details: The Matti Banana, also known as the Crocodile Finger Banana, is a rare variety grown in the hills of South Travancore, particularly near Nagarcoil. With a distinctive appearance resembling a crocodile’s mouth, it is 2.5 to 3cm long. Other variants include Semmatti (red Matti), Thaen Matti (honey Matti), and Malai Matti (Hill Matti). Notably, it is safe for infants to consume, and the corm extract is used as a remedy for jaundice. Each bunch of Matti Banana weighs between 12-19 kilos.
36. Product: Chedibutta Saree
Category: Handicraft
State: Tamil Nadu
Details: The Chedi Butta sarees from Veeravanallur, Southern India, showcase exquisite plant motifs on finely woven cotton fabric. Renowned for their elegance, ease of maintenance, and comfort, these sarees, crafted with superior cotton fibers, have become a cherished and unique addition to women’s wardrobes.
37. Product: Mushqbudji Rice
Category: Agricultural
State: Jammu & Kashmir
Details: Mushke Budji is known for its distinct aroma and excellent cooking qualities. Cultivated in the hills of South Travancore, particularly near Nagarcoil, it has a rare 15-month growth cycle, weighs between 12-19 kilos per bunch, and includes variants like Semmatti (red Mushke), Thaen Matti (honey Mushke), and Malai Matti (Hill Mushke). Beyond its culinary value, it is considered safe for infant consumption, and corm extract is utilized in traditional medicine for jaundice treatment.
38. Product: Agsechi Vayingim (Agassaim Brinjal)
Category: Agricultural
State: Goa
Details: The Agassaim variety that is about 300 gm in weight has soft and puffy flesh. While they may differ in size and space, they are mostly rounded and have a deep purple skin. The immature fruits are used in curries and varieties of dishes are prepared out of the brinjal.
39. Product: Rajouri Chikri Wood Craft
Category: Handicraft
State: Jammu & Kashmir
Details: With its delicate, honey-hued countenance and supple, fine-grained wood, Chikri wood finds its habitat in the scenic hill ranges of the Jammu province. Craftsmanship derived from this wood is renowned for its meticulous detailing and intricate carvings-a true embodiment of the region’s artisanal finesse.
40. Product: Sat Shiro Bheno (Sat Shirancho Bhendo)
Category: Agricultural
State: Goa
Details: Sat Shiro Bheno, or Okra, is a distinctive vegetable crop of Goa, celebrated for its special characteristics that are unique to the region. This locally cherished produce holds unique qualities specific to Goa’s agricultural landscape.
41. Product: Marcha Rice
Category: Agricultural
State: Bihar
Details: Bihar’s famous ‘Marcha Rice’ which is known for its aroma and palatability was awarded the Geographical Indication tag. Marcha is a short indigenous cultivar of rice found in the West Champaran district of Bihar. By its size and shape, its grain appears like black pepper so it is known as ‘Mircha’
42. Product: Agsechi Vayingim (Agassaim Brinjal)
Category: Handicraft
State: Uttar Pradesh
Details: Jalesar Dhatu Shilp is a metal craft that originated in the Jalesar town of Etah district in Uttar Pradesh. It is a unique form of brassware that involves intricate engraving and embossing of floral, geometric and animal motifs on brass utensils, lamps, idols, vases, trays and other decorative items.
43. Product: Goa Mankurad Mango
Category: Agricultural
State: Goa
Details: Each Goa mankurad mango weighs around 100-200 gms. It is rich in taste and It has a really small and flat mango stone or seed so this results in more pulp content. This mango variety is more juicy and pulpy than other Alphonso mango varieties. It is an exclusive mango basket-certified fruit.
44. Product: Goan Bebinca
Category: Food Stuff
State: Goa
Details: Bebinca is a layered cake/pudding made with flour, coconut milk, and egg yolks. There is ghee for moistness, palm jaggery for color, and salt and nutmeg for flavoring. It is baked one layer at a time.
45. Product: Udaipur Koftgari Metal Craft
Category: Handicraft
State: Rajasthan
Details: Rajasthan’s Koftgari craft, practiced by the Sikligar community for generations, stands out for its aesthetic beauty and functional resilience. Employing Damascening techniques, the weapons and armors crafted by this community showcase intricate inlay work, with three distinct methods – Te-hen-shah (deep inlay), Teh-Tula (gold or silver foil hammering), and Koftgari (cross-hatching pattern), reflecting the rich historical and cultural influences on this unique craft.
46. Product: Bikaner Kashidakari Craft
Category: Handicraft
State: Rajasthan
Details: Bikaner Kashidakari Craft is an embroidery craft that originated in Bikaner city of Rajasthan. It is a form of embroidery that uses gold or silver threads to create elaborate designs on fabrics such as silk, velvet, satin and brocade.
47. Product: Jodhpur Bandhej Craft
Category: Handicraft
State: Rajasthan
Details: Derived from the Sanskrit work ‘banda’, which means to tie, the art of Bandini involves tightly tying a piece of cloth in various places, and then dying it in various colours, thus creating unique and interesting patterns, depending on how the cloth is tied.
48. Product: Bikaner Usta Kala Craft
Category: Handicraft
State: Rajasthan
Details: Usta Kala Craft is a traditional Indian art form that originated in the city of Bikaner, Rajasthan. It is a type of gold embossing work that is done on a variety of surfaces, including wood, camel leather, and glass. The art form is named after the Ustas, or master craftsmen, who developed it. Usta Kala Craft is a very beautiful and delicate art form.
49. Product: Bhaderwah Rajmash
Category: Agricultural
State: Jammu & Kashmir
Details: Bhaderwah Rajmash, grown in Jammu & Kashmir’s Doda, Ramban, and Kishtwar districts, is globally renowned for its delightful taste, small-sized grains, and unique color. With exceptional cooking qualities, easy digestibility, and rich nutritional content, Bhaderwah Rajmash is a popular dish in the region, enjoying high demand in the market.
50. Product: Ramban Sulai Honey
Category: Natural
State: Jammu & Kashmir
Details: The second GI tag is bestowed upon the honey produced in Sulai, located in the Ramban district. This Sulai honey has gained recognition not only for its exquisite taste but also for its organic nature. In fact, in 2015, Prime Minister Narendra Modi presented organic Sulai honey to Queen Elizabeth during his visit to Britain, showcasing the region’s natural bounty to the world.
Download the compilation below:
Amazing compilation of all important case laws. A very informative read.
This is a valuable resource for anyone interested in intellectual property (IP) law in India. The IPHolics team’s compilation of key 2023 judgments on trademarks, copyrights, patents, and GI tags is a great initiative. Having both case summaries and a list of registered GI tags in one place provides a comprehensive understanding of current IP trends. The inclusion of the Vifor International Ltd. case highlights the importance of case law in understanding the dynamic nature of IP law. This compilation is a great starting point for anyone looking to stay up-to-date on IP developments in India.
The compilation of noteworthy judgments and developments in intellectual property law for 2023 is an excellent resource! It’s great to see a concise overview of key legal trends and decisions shaping the IP landscape.