Browse Articles Intellectual Property Rights Articles


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 |   1169 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 |   307 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 |   503 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 |   228 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 |   262 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 |   413 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 |   423 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 |   125 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 |   639 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 |   675 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 |   211 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�BLE 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 |   2907 Views


10 May 2017 at 13:37

3D Printing - Utilities and Liabilities

  POSTED BY jayshree

Intellectual property is an area of law that deals with legal rights associated with creative or intellectual effort, or commercial reputation and goodwill. There is a vast array of �property� that falls within the ambit of this area of

  0 comments |   123 Views


08 May 2017 at 13:32

Infringement of trademark and passing off: Brief analysis of HC judgment

  POSTED BY ajay amitabh suman

Brief analysis of judgment dated 28.04.2017, pronounced by Hon�ble Delhi High Court in Suit bearing CS(COMM) 1611/2016 titled as COLUMBIA SPORTSWEAR COMPANY Vs HARISH FOOTWEAR & OTHERBREIF FACT OF THE PLAINTIFF: The subject matter Suit was

  0 comments |   302 Views


08 May 2017 at 13:30

What is Intellectual Property Assignment Agreement (IPAA)

  POSTED BY Legal Resolved

Intellectual Property (IP) is one of the most emerging arenas in law because of its economic exploitation. Some entities or persons may reap the benefits out of an IP on their own while some assign it to other entities or persons in consideration of

  0 comments |   443 Views


04 May 2017 at 16:10

India: New Trademarks Rules, 2017 notified on 6th March,2017 replacing the Trademarks Rules 2002

  POSTED BY Summit Aggarwal

Recently the Indian Government took the bold decision of introduction of the new Trademarks Rules 2017 and the new rules came in to force from 06th March 2017, replacing the erstwhile Trademark Rules 2002.

  0 comments |   177 Views


04 May 2017 at 10:48

Brief introduction of design law

  POSTED BY ajay amitabh suman

The Design Act in India protects only those Design, which are solely appealed by eye or in other word , the Design which are aesthetic in Nature are protectable in India.1. The Act: Earlier the Design Law in India was governed by Design Act 1

  0 comments |   373 Views


02 May 2017 at 12:24

Brief introduction of copyright laws in India

  POSTED BY ajay amitabh suman

COPYRIGHT PROTECTS THE PRESENTATION OF THE IDEAS IN TANGIBLE FORM, AND NOT THE IDEA ITSELF(I) WHAT DOES MEAN BY COPYRIGHTThe copy right means the right provided by the statues to the authors/originators/creators of different kinds of works, as

  0 comments |   830 Views


14 March 2017 at 11:59

Why you need a privacy agreement, user agreement or third party agreement on your website?

  POSTED BY Nitish Banka

If you are a startup or an E-commerce company providing a services rendered by third parties then this is an important article for you-Ever wondered why you need a privacy agreement, user agreement or third party agreement on your website, some of th

  1 comments |   276 Views


07 November 2016 at 11:39

Bioprospecting – Preserving the diverse sagacious gift

  POSTED BY Jessica

We comprehend Traditional Knowledge as information acquired through wisdom and transmitted to the next person or the next generation, orally by a process of visual experience, which is continuously developed and preserved by an individual or a commun

  0 comments |   139 Views










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