intellectual property rights

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 ordinary civil jurisdiction  and ordinary original civil jurisdiction of Hon'ble Commercial Courts in respect of..

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 this article. First of all it is required to be understood what is statutory remedy and what is common law remedy. ..

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 right acquired by a person by proprietor ship or by the way of assignment..

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 Commercial Court Act) for the commercial disputes by invoking the legislative powers of Parliament under Article 245 read..

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 section 2 (1) (zb), i.e. a definition  of  trade  mark under The a target="_blank" href=..

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 Trade Marks Act 1999 provides that Trade Marks Registrat..

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 witnessed the fight amongst the feudal society in order to advance their respective interest on the land. With Advent of nucle..

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 Original Mark will have to wait or take immediate action at the earliest to protect his rights or long established good will !!..

In an action for infringement of trademark and passing off, there is general defence by the defendants that the trademark, over which the plaintiff is claiming right, is not an exclusive property of the plaintiff and that the plaintiff’s trademark is being used by various parties. The defendant also takes this defence that the various parties are using the tra..

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 parties to make tall claim of user of trademarks/copyright. Whenever a suit is filed or written statement is filed, the contest..

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 Intellectual Property Right in India, when ever matter is listed before the ..

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 especially a target="_blank" style="color:blue" href="/experts/procedure-f..

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 law -  plays, songs, movies, books, paintings, designs, distinguishing mar..

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 & OTHER BREIF FACT OF THE PLAINTIFF: The subject matter Suit was filed by th..

Intellectual Property (IP) is one of the most emerging areas 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 royalty. The Intellectual Property Assignment Agreement facilitates the whole process by assigning the concerned IP to ot..