After more than 16 years of negotiations, the European Free Trade Association, which consists of four countries Switzerland, Liechtenstein, Iceland, and Norway, has entered into a Trade and Economic Partnership Agreement with India.
One interesting aspect of the new agreement is that it provides enhanced and non-discriminatory protection for intellectual property among the signatory states.
Liquor manufacturer Allied Blenders brought a case against Hermes Distillery Private Limited for allegedly infringing its trademark with the latter’s Peace Maker Prestige Whisky label. Allied Blenders claimed that Hermes’ label bore significant similarities to its own and sought an injunction against the defendant.
The petitioner (Macleods Pharmaceuticals Limited) is a pharmaceutical company incorporated under the provisions of Companies Act, 1956. It challenged the order passed by the Intellectual Property Appellate Board, allowing a rectification application filed by respondent number 4 (Sun Pharmaceuticals Ltd) which was directed to delete the entry of the registered trade mark ‘OFLOMAC’ registered by the petitioner.
