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 ..
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..
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..
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..
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..
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 ..
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..
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..
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. ..
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..
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..
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..
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..
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 ..
India has become a pharmaceutical capital of the world and is helping many countries with affordable drugs and vaccines. Our industry should be positioned to take benefit of new technology and changing laws and demographics. With life expectancy going up and lifestyle diseases increasing, prospects for the pharmaceutical industry is going up as well as people are sp..