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intellectual property rights

Data protection prerequisite in modern era

Privacy is not something that I’m merely entitled to, it’s an absolute prerequisite. - Marlon Brando INTRODUCTION The "Right to Privacy" in India has been enshrined under Article 21 "Protection of Life and Pe..

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Music Sampling: A threat to copyright

Introduction "Thou shall not steal" has been an admonition followed since the dawn of civilization. Unfortunately, in the modern world of business this admonition is not always followed.[i] -Judge Kevin Thomas ..

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The intellectual property rights and the human right to health

THE PATENT SYSTEM The patent is a reward or an inducement that the State grants the inventor for his contribution to the solution of a problem in technology or industry. It is an arrangement between the State and the inventor whereby the latter decides to disclose and publicize his invention to society, in exch..

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Human rights and intellectual property rights

INTRODUCTION The Intellectual Property Rights, as the name suggests, are the rights given to an inventor or the creator as a reward For creating or inventing something new as a result of his own intellect and importantly li style="text-alig..

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A Guide to Trademark Public Search Process in India

Trademark is referred to the signs, designs, expressions or texts which identifies a particular product or service rendered by the particular source. It provides the owner exclusive right to use it, which distinguishes his/her goods and services from others, as well as, provides various benefits, thereto. Intellectual property (IP) awareness has steadily increased amo..

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Intellectual Property Rights

INTRODUCTION: The article gives an overview of the various laws dealing with innovation and intellectual property rights in India. The article covers laws of patents, copyrights, trademarks, designs, and remedies for infringements of these rights, also it answers questions related to intersection..

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Catching unidentified Counterfeiters and John Doe Order

Trademark and Copyright infringement has been rampant throughout the world including in India. The Right Holders are supposed to be vigilant in taking action against the violators in order to safe guard interest in their respective trademark or copyrights. Problem arises when the exact name and identification of the violators are not known. In such situation, how the ..

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No monopoly over the whole class of goods except particular goods holds SC

The Hon'ble Supreme Court of India on 26.07.2018 pronounced a landmark decision on the issue of Proprietor of a trademark claiming monopoly over the whole class of goods falling in the classification of goods and services with respect to the Trade Mark NANDHINI. The dispute emerged more than a decade ago when M/s Nandhini Delux..

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Inter play of trademark, design and copyright in shape of a product

SHAPE OF PRODUCT, PROTECTED UNDER THE DESIGN ACT 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. Earlier the Design Law in India was governed by Desig..

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Arbitration as a resolution mechanism in intellectual property disputes

A dispute is considered arbitrable if: (i) it is covered by the Arbitration Agreement; (ii) parties refer the dispute to arbitration, in accordance with governing procedure; and (iii) it is capable of adjudication and settlement by arbitration. ..

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5 reasons you should go get that trademark for your business

Any design, expression, logo or anything that remotely resembles an organization or a product belonging to a certain organization or individual can be defined as a Trademark. It is alternatively known as a Service Mark. Breaking the term down to its simplistic origin, it means any kind of mark which gives the viewer a distinctive recognition of its owner. The importan..

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The dynamics of copyright protection with the emergence of blockchain technology

Introduction The world is going through an era of technological revolution with the Internet playing a pivotal role along with other technological pawns in the game. But just like the Chinese belief of yin and yan, no good happens without some ills associated with it. Analogously, with the advance..

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Intellectual properties in E-commerce

PREFACE: The development of the World Wide Web has significantly led to the evolution of the Internet from a mere technological infrastructure to a network linking people, and ultimately to the fore runner of the Information and the Digital Age, which now plays a major role in the Economy. p style="text..

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Concept of well known trademark

Introduction In the regime of Trade Mark, attaining the status of a “well known mark” is a milestone because the protection of well known marks, go beyond the traditional standards and objectives of trademark protection. The protection of well known marks departs from the basic objective of trademar..

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How to Register Trademark for your brand in India?

A brand is the unique sign, design, symbol or name that can be used to differentiate the goods and services of one person from other. A well-established brand name helps the owner in gaining the competitive advantage in the market over his competitors. Some of the well-known brand names in India like apple, levies, Amazon, Domino's has captured the considerable ..

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