Category: Intellectual Property

Considerations Under Section 8 Indian Patent Act, 1970

Intellectual Property Rights are jurisdictional in nature. Hence, instances wherein different patent applications for the same subject matter filed in different parts of the world are common. PCT (Patent Cooperation Treaty) does make it easier for patent rights to be granted worldwide, however, applicants still prefer filing separate patent applications in countries that aren’t covered … Continue reading Considerations Under Section 8 Indian Patent Act, 1970

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The Patents (Amendment) Rules, 2019

Recently, the government of India issued a notification throughthe Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), to further amend the Patents Rules, 2003. The Central Government published the amended rules on 17th September 2019 which are based on the objections and the suggestions received from the public in respect of the … Continue reading The Patents (Amendment) Rules, 2019

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Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade)

Recently the central government has issued notification, proposing amendments in the geographical indications of goods (registration and protection) rules, 2002. The draft rules are published as a notice as well as inviting objections or comments from the public likely to be affected by the proposed amended rules. This Notification also states that the said draft … Continue reading Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade)

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Cultural Appropriation and Trademark Law

Kim Kardashian West, the popular American media personality, described by her critics and admirers of being ‘famous for being famous’ was recently in news this June after receiving a wave of backlash on social media against the decision to name her new shapewear line “Kimono” which is also a traditional Japanese robe garment. The issue … Continue reading Cultural Appropriation and Trademark Law

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Cross-Examination Practices During Intellectual Property (IP) Litigation – Part I

Introduction – Examination of witnesses or cross-examination has always been a favourite topic for books and screenplays. A downside of this extravaganza, which involves sharp-witted questioning, nail-biting suspense and awe laden voice modulations, is the fact that most of them are written to support criminal litigation, backdropping a story. Hence, more often than not, in … Continue reading Cross-Examination Practices During Intellectual Property (IP) Litigation – Part I

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IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India

It is better to have one codified legislation than multiple to deal with the aspects of a company which can have a singular umbrella. This is the exact rationale for the existence of The Insolvency and Bankruptcy Code in India which has been into effect since 2016. IBC came into being repealing SICA (Sick Industrial … Continue reading IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India

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A study on: Novartis AG V. Union of India

Introduction: Intellectual property is an intangible form of property while a ‘Patent’ is a subset of intellectual property. Granting of a patent provides a statutory right by the state to the inventor of the invention to exclude others from making, using, or selling their invention for the limited duration of 20 years. The judgment given … Continue reading A study on: Novartis AG V. Union of India

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Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

A new rule has been announced by the United States Patent and Trademark Office (USPTO) requiring that any foreigner who applies for trademark registration or appears before a Trademark Trial and Appeal Board in the United States can only be represented by a lawyer who is licensed to practice in the United States. This rule … Continue reading Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

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NCLAT directs NCLT to decide on the insolvency plea filed by ICICI Bank against Jaiprakash Associates

NCLAT directs NCLT to decide on the insolvency plea filed by ICICI Bank against Jaiprakash Associates Any person aggrieved by the order of NCLT can file a further appeal on any Question of Law and Fact within 45 Days to NCLAT and any person aggrieved by the order of NCLAT then appeal on Question of … Continue reading NCLAT directs NCLT to decide on the insolvency plea filed by ICICI Bank against Jaiprakash Associates

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How Do Virtual Businesses Ensure Intellectual Property Protection?

INTRODUCTION Intellectual Property as we can derive from the term, is any asset that is the creation of human intellect. It is intangible in nature and every original creator of such property has the right to protect the same. This idea has facilitated the evolution of the Intellectual Property protection regime and laws. While in … Continue reading How Do Virtual Businesses Ensure Intellectual Property Protection?

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