Browse Articles Intellectual Property Rights Articles


06 November 2017 at 13:44

Can Section 15 of the Copyright Act, 1957 be applied to an original artistic work of engineering drawing?

  POSTED BY Chirag Bhatt

As an IP lawyer, let me write something on a burning issue related to an applicability Section 15 of the Copyright Act, 1957 ( herein after referred as the Act for short) to an original artistic work of engineering drawing. Before I write on this t

  0 comments |   245 Views


16 October 2017 at 11:16

Tug of Trade mark War and Courts of law in respect of Permitted User

  POSTED BY Chirag Bhatt

As an IP Lawyer, I become a witness of many IP battles in the battlefield i.e. court of law. One of the battles is in respect of permitted user of the trade mark. Let me discuss it by way of writing this blog. The issue of this article is whether a p

  0 comments |   90 Views


11 September 2017 at 17:21

Can a suit for groundless threat be transferred to High Court under Designs Act?

  POSTED BY Chirag Bhatt

As an IP lawyer I have come across an issue pertaining to transfer of a suit of groundless thereat under section 23 of the Designs Act, 2000 from District Court to High Court which stimulates me to write this blog. The question is whether a suit for

  0 comments |   88 Views


25 August 2017 at 10:52

Whether a title of a book can be registered as a trademark !

  POSTED BY Chirag Bhatt

AUG24As an IP lawyer while reading one judgment, I inspire myself to write this article in respect of a subject that whether a title of a book can be registered as a trademark. The basic information pertaining for getting a trade mark registered is t

  3 comments |   310 Views


22 August 2017 at 11:14

Guidelines for obtaining the certified copies of the documents from the trademarks registry

  POSTED BY ajay amitabh suman

In matters pertaining to intellectual property right, this had been routine practice to summon the officials of Trade Marks Registry in order to prove the registered trademarks or pending trademarks of parties, during the trial in a civi

  0 comments |   192 Views


18 August 2017 at 11:12

Should graphical representation of sound trademark be omitted ?

  POSTED BY Chirag Bhatt

As an IP Lawyer, I am thinking to write something on sound Trademark.First of all it is correct to say that everyone is familiar with the words 'sound' and 'Trademark' in their individual capacity of word. The origin of sound i.e. 

  3 comments |   120 Views


11 August 2017 at 13:22

No use of trademark, no remedy

  POSTED BY Chirag Bhatt

As an IP lawyer, let it be informed that when a trade mark is not in use, no remedy is available for protection of that trademark on the ground of non use of it. In fact if it is proved that registered trademark is not in use, and it creates chaos,

  2 comments |   297 Views


10 August 2017 at 16:40

Letter Trademark

  POSTED BY ajay amitabh suman

This article deals with the Trade Marks comprised of Letter. There may be cases where the Trade Marks is essentially of Letters. Letters are the most essential feature of the Trade Marks. There may be cases where Trade Mark is comprise

  1 comments |   276 Views


08 August 2017 at 12:55

Ordinary civil jurisdiction vs. ordinary original civil jurisdiction under the commercial courts act, 2015

  POSTED BY Chirag Bhatt

As an IP lawyer, I have gone through 'The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015( herein after referred as Commercial Courts Act in short) and I find an interesting fact regarding the ord

  3 comments |   230 Views


04 August 2017 at 16:35

Should common law remedy prevail over statutory remedy in IP laws?

  POSTED BY Chirag Bhatt

As an IP lawyer, I always think about the remedies available under the umbrella of statutes and common law and whether common law remedy should prevail over statutory remedy in respect of the rights of Intellectual properties. Let me discuss it in th

  1 comments |   206 Views


31 July 2017 at 13:14

IPR & RTI

  POSTED BY Chirag Bhatt

As an IP lawyer, I am thinking up to what extend information related to intellectual property rights(IPR) becomes 'information' to be provided under the provisions of Right to Information Act,2005( herein after referred as RTI Act).IPR is a r

  1 comments |   274 Views


28 July 2017 at 11:26

Can damage be considered as specified value of IP property ?

  POSTED BY Chirag Bhatt

As an IP lawyer, I must appreciate the welcoming step taken by the Indian Parliament for enacting an Act 'THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015'(herein after referred as Commerci

  0 comments |   155 Views


27 July 2017 at 12:52

Shape of goods and its ambiguities

  POSTED BY Chirag Bhatt

As an IP lawyer, I have found many ambiguities in Indian Trade marks Act, 1999 and the Designs Act, 2000. For instance, shape of goods which is mentioned in the definition of 'mark' under section 2(1) (m) i.e. the definition of mark and in

  1 comments |   123 Views


03 July 2017 at 12:48

Use of trademark on calendar does not prove user of trademark

  POSTED BY ajay amitabh suman

In cases for the infringement of Trade Mark and in cases of passing off, user of trademark plays very important role in establishing proprietary right over the trademark. Section 31 of the he Trade Marks Act 1999 provides that

  0 comments |   232 Views


16 June 2017 at 17:06

Interpretation of jurisdiction in view of Dhodha House Vs. S.K.Maingi (SC) case

  POSTED BY ajay amitabh suman

The existence is outcome of continuous process of Struggle. A baby is outcome of fight amongst hundreds of thousands of brother sperms in penetrating one ovum. In ancient days man struggled against the nature in order to survive. Changing time w

  0 comments |   315 Views


12 June 2017 at 12:58

Apprehending infringement of trademark?

  POSTED BY Kapil Chandna

A lot number of cases are coming forward wherein the defendants in order to earn profits are infringing the goodwill or trademark of some well-established trademarks users. Now the question that comes for consideration is whether the owner of Origina

  0 comments |   91 Views


02 June 2017 at 11:01

The defense of third parties for infringement of trade mark and passing off

  POSTED BY ajay amitabh suman

THE DEFENSE OF THIRD PARTIES USE IN AN ACTION FOR INFRINGEMENT OF TRADE MARK AND PASSING OFF IN INDIA

  0 comments |   253 Views


25 May 2017 at 15:50

Criminal liability of a party making false statement

  POSTED BY ajay amitabh suman

Section 209 of IPC has remained unchartered territory in matters pertaining to Intellectual Property Rights, especially pertaining to Trade Marks/Copyright. In matters pertaining to trade marks, copyrights, there is general tendency of

  10 comments |   559 Views


23 May 2017 at 11:14

Registrar of trademark as witness to prove the trademark registration

  POSTED BY ajay amitabh suman

WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING IN ORDER TO PROVE THE TRADEMARK REGISTRATION OF A PARTY OR ORDER PASSED IN RELATION TO A TRADEMARK. In a Civil Suit proceeding pertaining to In

  2 comments |   143 Views


15 May 2017 at 10:48

Production of additional document during the cross examination

  POSTED BY ajay amitabh suman

BRIEF CASE SUMMARY OF JUDGMENT DATED 18.04.2016 PRONOUNCED BY HON´┐ŻBLE HIGH COURT OF DELHI IN SUIT BEARING CS(OS) NO.504 OF 2004, TITLED AS POLYFLOR LIMITED VS SH.A.N.GOENKA & OTHERS This case relates to intellectual property right, more esp

  0 comments |   915 Views










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