Category: Intellectual Property

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 Rights trips agreement : Counterfeiting With Special Focus On Fashion Industry

IP rights trips agreement 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 … Continue reading Biggest Threat To Intellectual Property Rights trips agreement : 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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The Proposed Amendments for The Patent Rules, 2003 published by the Ministry of Commerce & Industry

The Patent Rules, 2003 are proposed to be amended by the draft rules as published by The Ministry of Commerce and Industry, Department of Industry and Internal Trade through a Notification dated 31st May, 2019 [G.S.R.396(E)[1]] . The draft rules shall be taken into consideration upon the expiry of 30 days from the date on … Continue reading The Proposed Amendments for The Patent Rules, 2003 published by the Ministry of Commerce & Industry

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Intellectual Property Rights in Movie / Comic Characters

Introduction From being created in comics to being incorporated in television and movies, characters like Iron Man, Hulk, Mickey Mouse, ChottaBheem, Shaktiman, Wonder Woman, Harry Potter, Ben 10 have become a part of our daily lives. With these fictional characters gaining immense popularity among the public, the owners and creators of the characters have various … Continue reading Intellectual Property Rights in Movie / Comic Characters

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India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)

India has a well-organized system of judicial mechanism which cater to the need of registration, protection and enforcement of Intellectual property, however  a number of recent judgments bear a testimony that despite having an effective Judicial framework for safeguarding IP Infringement the violation of IP continues to take place for an altogether different reason of … Continue reading India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)

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Competition Law in India Vis-a-Vis Food Delivery Apps in India (Zomato/ Swiggy/ Foodpanda/ Uber Eats) and its Impact on Small Restaurants

In December 2018, Kerala Hotels and Restaurants Association (KHRA) went on a strike for 10 days on the account of high commission being charged by the food delivery apps. Subsequently to which a report was published stating that if this kind of practice is continued by the food delivery apps then it would definitely harm … Continue reading Competition Law in India Vis-a-Vis Food Delivery Apps in India (Zomato/ Swiggy/ Foodpanda/ Uber Eats) and its Impact on Small Restaurants

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Correct Interpretation of section 107A of the Indian Patents Act: Judgement in Bayer Vs. Natco & Alembic

In a recent decision, the Divisional bench of Delhi high court has dealt with correct interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision.The ruling came as a result of two appeals made by Bayer Corp. Ltd.  against the Natco Pharma and Alembic Pharmaceuticals for infringement of its patents … Continue reading Correct Interpretation of section 107A of the Indian Patents Act: Judgement in Bayer Vs. Natco & Alembic

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Khurana & Khurana Opens Jalandhar (Punjab) Office

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar,  w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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