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The Multidimensional Question Of 3 Dimensional Trademarks

Introduction The product market today is highly competitive. If a brand does not constantly evolve itself, it is at the danger of failing to satisfy its customers. To keep reinventing itself, it must ensure protection to the assets that bring value to the company. For this reason, it is important to give recognition to non-conventional … Continue reading The Multidimensional Question Of 3 Dimensional Trademarks

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Protection of Well-Known Marks: WIPO Joint Recommendation

“What’s in a name? That which we call a rose by any other name would smell as sweet”- Shakespeare In many countries, getting trademark registered is the only apparatus to obtain statutory rights. As an essential element to registration, some countries requires the owner of the trademark to use or make evident its intent to … Continue reading Protection of Well-Known Marks: WIPO Joint Recommendation

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The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

Introduction Intellectual Property Rights, in the simplest of terms, refer to rights over creation of the mind. In a world where knowledge economies are on the rise, IPR has become increasingly significant. Intellectual Property Rights entail several rights within its ambit- copyright, patent, geographical indication etc. In this article, we deal only with one form of … Continue reading The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

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Patent Application Refused On Grounds Of Insufficiency Of Disclosure

In a recent patent pre-grant opposition matter wherein Khurana and Khurana, Advocates and IP Attorneys (K&K) represented the Opponent, the patent application was refused mainly on grounds of Insufficiency of Disclosure as per Section 25(1)(g) of the Indian Patents Act, 1970 (“Patents Act”). This case re-confirms the role of sufficiency of disclosure or enablement during … Continue reading Patent Application Refused On Grounds Of Insufficiency Of Disclosure

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Protecting the Patent Regime for Pharmaceutical Companies in India

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for more extensive protection of intellectual property by the WTO members who signed the agreement. India signed the agreement and subsequently amended the Patents Act of 1970, in compliance with TRIPS in 2005. However, India, as a developing country, has been faced with the … Continue reading Protecting the Patent Regime for Pharmaceutical Companies in India

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Comprehensive Study of Section 117A of The Patents Act, 1970

Introduction The Patents Act, 1970 (hereinafter referred to as Act) being a gallant enactment to encourage research & development and innovation and providing monopoly over intellectual creations came into force on 20th April 1972, supplanting the Indian Patents and Designs Act 1911. This enactment is currently in par with all the international arrangements as it gets … Continue reading Comprehensive Study of Section 117A of The Patents Act, 1970

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Similar Trademark Issued For Different Items Does Not Amount To Breach Of Law

The long pending question in the field of Intellectual Property Rights, with respect to the Tademarks, was finally answered by the Supreme Court, when it ruled, in the case of Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation Ltd.[1], that no law is violated or breached, if the two companies, with two different products, use … Continue reading Similar Trademark Issued For Different Items Does Not Amount To Breach Of Law

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Post-mortem Personality Rights and their relevance in Jayalalithaa’s Biopic Suit

“The nicest thing is to open newspapers and not to find yourself in them.” – George Harrison Being a well-known personality could cost you your personality rights, at times. Living a life which requires you to be cautious of your every move is quite a difficult one. Being a celebrity comes with a lot of … Continue reading Post-mortem Personality Rights and their relevance in Jayalalithaa’s Biopic Suit

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The New Age Eugenics Of DNA Patenting

Abstract ‘DNA Theft’ is the new term employed to decipher the existing legal regime in the field of gene patenting. The oblivious nature of law has ceded transcending to a more flexible framework concerning the same. DNA is vested with a proprietary interest of ownership. ‘Patenting gene’ impinges the individual right to privacy. This paper … Continue reading The New Age Eugenics Of DNA Patenting

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Extending Protection to Ideas; Breaking the Notion of Monopoly

An Idea can be defined as, “A concept which has not been put in a tangible form so as to be a subject of copyright but which may be a subject of protection by Contract.”[1] The manifestation of ideas into words or any material form is called ‘expressing’ the idea.[2] The objective of the copyright … Continue reading Extending Protection to Ideas; Breaking the Notion of Monopoly

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