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WHY NO BRAND IS SMALL FOR TRADEMARKING

Do you think that your brand is so small that it does not require Trademark registration? In this world of cut-throat competition, a unique identity in the form of registration of your Brand as trade mark would increase the strength and value of your business. In India, where thousands of start-ups are in the queue, … Continue reading WHY NO BRAND IS SMALL FOR TRADEMARKING

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GROUNDLESS THREAT OF PATENT INFRINGEMENT

Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT

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Modification in procedure regarding examination of patent applications involving the use of biological material

The Biological Diversity Act (the BD Act) was enacted with the goal to provide for conservation of Biological Diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilization of biological resources. One of the provisions under the BD Act (section 6) relates to seeking prior permission … Continue reading Modification in procedure regarding examination of patent applications involving the use of biological material

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TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

INTRODUCTION: Tim Parks in his book[1] wrote “You will only have copyright in a society that places a very high value on the individual, the individual intellect, the products of individual intellect.” In an overtly aware society like ours, there is no doubt that we not only value but are also more aware of our … Continue reading TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

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INDIA’S PROTECTION TO SECRETS OF TRADE

Introduction The global econoamy is trending towards an era of protectionism as can be seen from policies such as “Make America Great Again” and “Make in India”, thereby increasing the significance on exports and the manufacturing sector. As a corollary effect, the importance of Intellectual Property (IP) protection also increases due to the need to … Continue reading INDIA’S PROTECTION TO SECRETS OF TRADE

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Legitimacy of IPRS and PPL

What is a Copyright Society? The collective administration of copyright by a society is a concept where management and protection of copyright in several works are undertaken by the said society of authors and other owners of such works. In India, a copyright society is registered under Section 33 of the Copyright Act, 1957. Such … Continue reading Legitimacy of IPRS and PPL

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CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP) OF JAYPEE INFRATECH: IMPLICATION ON WISHTOWN ; JAYPEE AMAN HOUSING PROJECT – CLAIM SUBMISSION BEFORE AUG 24, 2017

Introduction On August 9, 2017, the Allahabad Bench of National Company Law Tribunal (“NCLT”) admitted[1] the insolvency application of IDBI Bank against Jaypee Infratech Ltd. under Section 7 of the Insolvency and Bankruptcy Code, 2016[2] (“IBC”). On June 13, 2017, the Reserve Bank of India (“RBI”) issued a press release[3] whereby it identified 12 accounts … Continue reading CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP) OF JAYPEE INFRATECH: IMPLICATION ON WISHTOWN ; JAYPEE AMAN HOUSING PROJECT – CLAIM SUBMISSION BEFORE AUG 24, 2017

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Compulsory licensing

Compulsory licenses are sovereign state authorizations which enable a third party to make, use, or sell a patented product without the consent of the patent holder. Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO … Continue reading Compulsory licensing

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MYANMAR: NEW TRADEMARK LAW EXPECTED TO BE ENACTED IN 2017

For the past few years, the nation of Myanmar has been proactively working on the implementation of its first ever formal trademark law, keeping in mind that the new law will overhaul the nation’s legal framework to encourage and motivate the industries and businesses to come and invest and grow in the country [1]. The … Continue reading MYANMAR: NEW TRADEMARK LAW EXPECTED TO BE ENACTED IN 2017

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INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES (IPOPHL) LAUNCHED PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM WITH THE EUROPEAN PATENT OFFICE (EPO)

European Patent Office (hereinafter “EPO”) had launched the Patent Prosecution Highway (hereinafter “PPH”) program on July 1st, 2017 [1]. The PPH Pilot Program is part of the agreement made between Intellectual Property Office of the Philippines (hereinafter “IPOPHL”), Director General Atty. Josephine R. Santiago and EPO President, Benoit Battistelli on 5 October 2016 [2] at … Continue reading INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES (IPOPHL) LAUNCHED PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM WITH THE EUROPEAN PATENT OFFICE (EPO)

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