Category: Intellectual Property

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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Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

IP rights are proprietary rights granted to protect original products of creation. They are intended to encourage and reward creativity and fair competition in the marketplace. IP rights can be relied upon to prevent others from using one’s trademark, patented invention, copyright work, or design without consent. IP is territorial in nature and exists for … Continue reading Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

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The Patent Box Regime in India

Section 115BBF of the Finance Bill, 2016[1] introduced the Patent Box Regime in India. Patent Box Regime is an effort which enables an inventor to benefit through tax concessions on the royalty income. The first country to enforce it was Ireland and hence, the name is derived from its tax form. Need for the Patent … Continue reading The Patent Box Regime in India

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A Brief Analysis Of The Case Of Shyam Steel Industries Ltd v. Shyam Sel and Power Ltd

Issue Is the use of the word “Shyam” by the defendant Shyam Sel and Power Ltd an infringement of the registered trademark “Shyam”of Shyam Steel Industries Ltd? Whether the defendant is passing off his merchandise by unlawfully exploiting the reputation of the plaintiff? Rule Trademark has been characterized as an imprint equipped for graphical representation … Continue reading A Brief Analysis Of The Case Of Shyam Steel Industries Ltd v. Shyam Sel and Power Ltd

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