Mondaq All Regions - India: Intellectual Property
Khurana and Khurana
With the increase in innovation and creation, the range of counterfeit goods has expanded significantly leaving no industry impenetrable.
Khurana and Khurana
Mischief rule is pertains to interpretation of statutes, and is applied by Courts when there is a conflict between two laws or provisions of law on interpreting it by the words ...
LexOrbis
Since 2012 the book authored by Singh had been published by the company's key publishing house and sold and marketed by the company.
LexOrbis
Financial method and business method patents seemingly refer to the same subject matter of inventions in patent law.
LexOrbis
The filing of patents to obtain the exclusive rights includes numerous aspects for the validity of the application, apart from the patentability criteria.
Litmus Legal
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.
Litmus Legal
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.
Litmus Legal
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.
Litmus Legal
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.
LexOrbis
"Shape of goods" has always been a fascinating subject matter for both IP protection and enforcement.
LexOrbis
The IPR policy launched by the Indian government in 2016 under Start-up India program has seen considerable success, with several start-ups filing patent applications under SIPP scheme...
Intepat IP Services Pvt Ltd
An appeal against the order or the decision of the Registrar of Trademarks may be filed before the Intellectual Property Appellate Board (‘IPAB', for short).
S.S. Rana & Co. Advocates
The advent and subsequent proliferation of the internet in India has been a boon as well as a curse for intellectual property enforcement.
LexOrbis
Often, after filing a patent application, improvements, additional uses and refinements surface.
S.S. Rana & Co. Advocates
In a recent decision by the Delhi High Court, Hon'ble Justice Manmohan granted an injunction against the defendant who was also the registered proprietor of the impugned trademark...
Clyde & Co
In Icon Health and Fitnes Inc. vs. Sheriff Usman and Anr., the Delhi High Court vide its order dated 12th September, 2017 held that the defendant is responsible for passing off the trade mark...
Clyde & Co
With a view to use technology to enhance transparency and digitally empower the stakeholders, the Indian Copyright Office has released four notifications over the last two months informing...
S.S. Rana & Co. Advocates
The popular television show, Game of Thrones has become a worldwide cultural phenomenon, ever since it started airing as a TV series on HBO in 2011.
S.S. Rana & Co. Advocates
They also stated that their PAS products are exported to over 50 countries.
Khurana and Khurana
The Madrid Protocol is an international treaty which simplifies the procedure for international registration of trademarks by filing a single application along with onetime payment fee.
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Singh & Associates
Traditional Knowledge (TK) is a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.
Chadha & Chadha IP
India has ratified the TRIPS agreement and to give effect to this agreement, The Protection of Plant Varieties and Farmers Rights Act, 2001 (PPV&FRA) was enacted.
Vaish Associates Advocates
Intellectual Property covers within its ambit a wide array of laws relating to Trade Marks, Copyright, Patents, Designs, Geographical Indications, Plant Varieties and Semiconductor Integrated Circuits Layout-Design.
Singh & Associates
On May 19, 2017, the Indian Hotels Company Limited (IHCL) created history by securing a trademark registration for the exterior design of the Taj Mahal Palace Hotel.
S.S. Rana & Co. Advocates
The case was proceeded ex-parte against the Defendants, who did not appear in Court despite service.
IndusLaw
Registration is of high evidentiary value in both, trademark and copyright enforcement actions.
Singh & Associates
Global drug manufacturers represented by the Organisation of Pharmaceutical Producers of India (OPPI) have sought ‘legislative review' of the section 3(d) of the Indian Patents Act and a redefining of the ‘efficacy criteria'.
S.S. Rana & Co. Advocates
The Bombay High Court has recently refused to grant an injunction on trade mark infringement and passing off where the only basis for the application for injunction was the existence of phonetic similarity...
Intepat IP Services Pvt Ltd
Copyright is a right given to or derived from works and it is not a right in novelty only of ideas.
Intepat IP Services Pvt Ltd
A patent claim is indisputably the most important part of a patent specification. It defines the boundary of the patent.
Chadha & Chadha IP
Non patentable inventions are given in Section 3 of the Indian Patent Act
Singh & Associates
A Zombie trademark can be fatal to a previous owner's reputation if it falls in the wrong hands.
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