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Intellectual Property Rights Articles


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

  Chirag Bhatt   08 August 2017 at 12:55

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 ..


Posted in Intellectual Property Rights  3 comments |   6554 Views


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

  Chirag Bhatt   04 August 2017 at 16:35

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 ..


Posted in Intellectual Property Rights  1 comments |   1132 Views


IPR & RTI

  Chirag Bhatt   31 July 2017 at 13:14

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 ..


Posted in Intellectual Property Rights  1 comments |   3664 Views


Can damage be considered as specified value of IP property ?

  Chirag Bhatt   28 July 2017 at 11:26

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 ..


Posted in Intellectual Property Rights |   776 Views


Shape of goods and its ambiguities

  Chirag Bhatt   27 July 2017 at 12:52

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 ..


Posted in Intellectual Property Rights  1 comments |   826 Views


Use of trademark on calendar does not prove user of trademark

  ajay amitabh suman   03 July 2017 at 12:48

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 ..


Posted in Intellectual Property Rights |   977 Views


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

  ajay amitabh suman   16 June 2017 at 17:06

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 ..


Posted in Intellectual Property Rights |   2386 Views


Apprehending infringement of trademark?

  Kappil Cchandna   12 June 2017 at 12:58

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 ..


Posted in Intellectual Property Rights |   318 Views


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

  ajay amitabh suman   02 June 2017 at 11:01

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


Posted in Intellectual Property Rights |   1808 Views


Criminal liability of a party making false statement

  ajay amitabh suman   25 May 2017 at 15:50

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 ..


Posted in Intellectual Property Rights  10 comments |   1133 Views