Month: February 2013

Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

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Competition Law and IPR- Friends or Foes?

An intellectual property right holder is granted legal rights to protect his intellectual property- here is where competition law plays a huge role by ensuring that such power and monopoly is restricted in the market. Both intellectual property rights and competition law have co-existed separately and peacefully since a number of years. It was later … Continue reading Competition Law and IPR- Friends or Foes?

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Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

The Customs Act, 1962 prohibits import of those goods that infringed intellectual property. Under Section 11, the Central Government can prohibit import or export of goods that infringed patents, trademarks or copyrights, by issuing a notification. It also covered prevention of contravention of any law for the time being in force. Further, Section 111 and … Continue reading Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

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