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By N. Mahabir, Prakash Arya
Under Section 48 of Copyrights Act, registration of a Copyright shows that it is prima facie valid. This is a rebuttable presumption and it can be proved otherwise. However, the burden to show invalidity of the registration rests on the person asserting it.
By N. Mahabir, Prakash Arya
As part of due diligence, online platforms require vendors on their portal to provide particulars of trade mark registration or application. The Bureau of Indian Standards (BIS) also requires applicants to provide particulars of trade mark registration or application.
By N. Mahabir, Prakash Arya
In India, The Trade Mark Act, 1999 or its predecessor legislations do not make registration of a trade mark mandatory. A trade mark is protected by virtue of its use under the Common Law rights.
By N. Mahabir, Prakash Arya
1.In India, The Copyright, 1957 or its predecessor legislations do not make registration of a Copyright mandatory. A Copyright is protected by virtue of its creation use under the Common Law rights.
By N. Mahabir
1.Copyright Societies are collection of individuals to manage the copyright work of its members. They are required to disclose all important information on their website for functioning in an equitable and transparent manner.
By N. Mahabir
Any person can seek voluntary license from the copyright owner in writing to publish the work. This license is the result of negotiations over terms, royalties etc.
By N. Mahabir
With the ever-evolving social media and new platforms, content is generated in gigantic proportions. Every person is contributing to the tera bytes of new online content on a regular basis
By N. Mahabir
Unlike trade mark where the person who has coined the mark is not generally known, identified or mentioned during the registration or enforcement action, the author plays a significant role and finds specific mention during both registration and enforcement action.
By N. Mahabir
Slogan carry the philosophical burden of a brand. Slogan conveys the message of the business alongside the brand and at times it is the brand or more important than the brand.
By N. Mahabir
The tort of passing off is a common law remedy. It is a facet of Unfair Competition. As the term denotes it is a false representation about the source or quality of goods, service or business.
By N. Mahabir
Design is considered a statutory right whereas passing off and trade mark are considered as sui generis right. A statutory right entails its origin and extinguishment happens in terms of the statue.
By N. Mahabir
"There is only one boss. The customer. And he can fire everybody in the company from the chairman on down. Simply by spending his money somewhere else" – Sam Walton.
By N. Mahabir
The Government of India notified Trade Mark Rules, 2017 with effect from 06 March 2017 with a view to simplify and speed up the entire process of trade mark administration.
By N. Mahabir
Under section 8 of the Patents Act, an onus is cast upon the applicant to disclose applications filed in foreign countries corresponding to the Indian application.
By N. Mahabir
At least the Delhi High Court thinks so. In a recent judgment passed by the Delhi High Court in the case of The Chancellor, Masters & Scholars of the University of Oxford & Others Vs. Rameshwari Photocopy Services & Another, . . .