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
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
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
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
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
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
