Monthly Archives: August 2021

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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