Month: May 2022

The Changing Dynamics of Judicial Enquiry: – Section 11

The Indian Arbitration system has been taking a forward approach for a decade now to make the Indian sub-continent a hub for Arbitration. The question and interpretation of the judicial enquiry under Section 11 have been a long-standing question, and the judiciary has, time and again, come forward to provide the narrow meaning of Section … Continue reading The Changing Dynamics of Judicial Enquiry: – Section 11

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Who Really Gets to Decide A Well-Know Mark?

The statutory provisions relating to trademarks, deem the registrar in the trade mark office as the authority for determining whether a mark is well-known or not[i]. However, there are more marks adjudged as “well-known” by the courts, than determined by the Registrar at the Trade Marks office. This glaring contradiction between the law and practice, … Continue reading Who Really Gets to Decide A Well-Know Mark?

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