Yearly Archives: 2021

PRIVATE EDUCATIONAL INSTITUTIONS AND PATENTS – A NEW WAKE OF OPPORTUNITIES

Intellectual Property (IP) is an extremely significant asset to a nation. The value of a nation in the global economy is often determined by its strength in the field of IP. Thus, the IP laws of a developing country like India must keep pace with the changing times and promote prosperity and protection of rights by way of its laws. For IP rights holders, times like these are especially challenging, and a fortified IP scheme could infuse some energy for recuperation/best
trademark-registration-in-chandigarh

GLOBAL ECONOMY AND TRADEMARK RIGHTS –

INTRODUCTION: If a global market is taken into account, the scope of use and protection of trademarks extends beyond the basic standards for trademark infringement; that means, the usual ‘likelihood of confusion’ parameter is not apt to judge the case. When we speak of well-known marks, both the perspectives – one, from that of the owner of a well-known mark and two, from that of a new entrant into the market – this becomes even more apparent. There exists no ‘global
Registration-of-Well-Known-Trademark

TERRITORIALITY VS. UNIVERSALITY – THE RISE OF DEBATE:

FOUNDATIONAL PRINCIPLES: The doctrine of Territoriality – A sovereign state according to the provisions of its domestic laws, grants trademark rights. The principle of territoriality states that this right does not go beyond the boundaries of such a sovereign state. In simpler words, it means that a well-known trademark can only be considered so within the nation’s territory as its reputation is limited that way. The right granted recognizes a well-known trademark/best Design registration lawyers in Delhi within such limits and
REGISTRATION-OF-DESIGNS

REGISTRATION OF DESIGNS IN INDIA

Developing and creating new designs require creativity as well as a monetary investment. Therefore, the individuals expect to have exclusivity over the rights, which are provided by the law. Registration of designs provides exclusive rights over creation to the creator and excludes unauthorized use by third parties. Registration of designs and the procedure to be followed for registration is laid down in Chapter II of the Designs Act, 2000. To get a design registered, an application is made to the Controller
LAW RELATING

LAW RELATING TO PIRACY OF DESIGNS IN INDIA

Intellectual Property refers to the works created by the human mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. These intellectual properties are protected in law by means of patent protection, copyright, trademarks, etc. This protection helps the innovators to earn recognition for their work and also earn financial benefits. It also protects copying and infringement of the work. By creating a balance between ideas of the creators and wider public interest, Intellectual
Trademark-Exhaustion

PRINCIPLE OF TRADEMARK EXHAUSTION

INTRODUCTION A trademark right is typically exhausted by the first sale of goods or placing the same in the market. The basic principle is that once the right holder has been able to obtain an economic return from the first sale or placing in the market, the purchaser or transferee of the goods or services is entitled to use or dispose of them without further restriction. Exhaustion of rights is linked to the distribution right. The right to distribute objects means
AMUL-Canada-case

AMUL Canada case

INTRODUCTION: On 22nd June 2021, in what may be termed as a glorious moment of victory on the front of enforcement and guarding of Indian trademark laws and rights, a Canadian court passed a judgment in favor of Kaira District Co-Operative Milk Producers’ Union Limited, India (Amul). The opposite party went by the name of ‘Amul Canada’ and was seen as grossly violating the trademark rights of Kaira District Co-Operative Milk Producers’ Union Limited (hereinafter, Kaira). As we may be aware,
FASHION INDUSTRY & IP PROTECTION

FASHION INDUSTRY & IP PROTECTION

The Intellectual property regime in India provides for protection under the Design Act 2000, the Copyright Act, 1957, and the Geographical Indications of Goods ( Registration & prohibition) Act, 1999. Although there seems to be three distinct legislation, that protects three distinct characteristics in the process & lifetime of the fashion (fashion industry) apparel or the accessory. The artistic work in the sketches of the designs ( as soon as they are reduced to a material tangible medium ) is protected
patent registration

CAN IDEAS BE PATENTED?

The patentability of an idea is one of the controversial topics faced during the grant of patents. There is a very fine line difference between an idea and an invention because every invention is first an idea which later matures and gets patented. On the face of it, it seems that there is no substantial way to protect an idea under intellectual properties. Copyright protects literary and artistic works but not innovations and patent protects novel and unique inventions. Even though
GEOGRAPHICAL-INDICATIONS

PROTECTION OF GEOGRAPHICAL INDICATIONS

The Paris Convention talks about ‘indications of source’ and ‘appellations of origin’ which are the closest and simplest definitions available to what geographical indications (GI) seek to protect. Although the explanations may make it sound similar to trademarks, the difference is actually quite vast. GIs are not used by individual traders or companies to demarcate their goods as different from the ones of others, but to show that a certain product has to have a very specific geographical origin – a

 

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