Category: Intellectual Property

Intellectual Property Rights : Protection of Fashion Designs in India

Introduction With the general popularity of private brands, Indian consumers are looking for ways to access fashion companies, thanks to increased media exposure, more awareness, goals, and a larger share of disposable cash. For these fashion companies, it is not easy to keep the business afloat with the spiralling competition. In order to consistently progress, … Continue reading Intellectual Property Rights : Protection of Fashion Designs in India

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Khadi and Village Industries Commission Suit

Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit

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Tangible Fixation And Preclusion Of Emphemeral Art

Introduction Art is considered to be a gift to mankind, it has been there since the time immemorial with humans from Madhubani wall paintings of Mithila in 7th century BCE to graffiti of 21st century, art has developed its forms. It is believed that art embodies great influence on human life it is a form … Continue reading Tangible Fixation And Preclusion Of Emphemeral Art

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Judicial Administration of IP disputes in China

Introduction China has created and improved a contemporary IP system with Chinese characteristics during the past 40 years. In a number of areas, such as legislation, enforcement, and international exchanges and collaboration, it has made outstanding development and secured historic accomplishments. Strengthening IP rights protection is now widely acknowledged in China as the key to … Continue reading Judicial Administration of IP disputes in China

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Protection Of Traditional Cultural Expressions As Intellectual Property In Light Of The Movie “Kantara”

Introduction Traditional Cultural Expressions also known as an ‘expression of folkore’, refers to cultural identity which forms an integral part of the heritage of a community. These expressions are passed on from one generation to another, and may be in the form of music, dance, performances, narratives or any other artistic form.[1]Traditional Cultural Expressions (TCE) … Continue reading Protection Of Traditional Cultural Expressions As Intellectual Property In Light Of The Movie “Kantara”

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Delhi High Court awards eBAY Rs 2 lakh in a Trademark Infringement Case

The Delhi High Court, in case of trademark infringement, awarded relief to eBAY after concluding that the use of the claimed trademark “SHOPIBAY,” which is similar to the mark of the other party mark “eBay/EBAY” was likely to mislead unwary consumers about the affiliation of these organisations. The present suit was decided in the plaintiff’s … Continue reading Delhi High Court awards eBAY Rs 2 lakh in a Trademark Infringement Case

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The Uninvited Stardom: Understanding Publicity Rights, Infringement & Intellectual Property Issues

Exordium: Understanding the Cost of Stardom Call it what you want, celebrities are often recognised for their glamourous persona and appealing identities. Eventually, the market monopoly acts swift and smart to utilise their influence to drive commercial gains for themselves. This ranges from merchandising, promotional advertisements, brand endorsements, and money-making. However, in the gold rush … Continue reading The Uninvited Stardom: Understanding Publicity Rights, Infringement & Intellectual Property Issues

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Protection of Geographical Indications in China.

Introduction As a significant part of intellectual property, geographical indications (GIs) have drawn more attention from the Chinese government and enterprises. China approved 2,391 GI products by the end of 2020, and granted more than 9,400 enterprises permission to use the protected products of the national geographical trademark, said Zhang Zhicheng, head of the protection … Continue reading Protection of Geographical Indications in China.

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Concurrent Heritage In Geographical Indications – Basmati Rice

Often nations dispute over a variety of factors and reasons, ranging from natural resources, territory , river water, oilfields to games and sports. However, how often is it seen that the bone of contention between two nations is an item consumed by people of both sides equally? In 2021, Indian Pakistan locked into an intellectual … Continue reading Concurrent Heritage In Geographical Indications – Basmati Rice

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GAAR : A Strong Step Against Tax Avoidance

INTRODUCTION Initially introduced in India through a Direct Tax Code Bill in 2009, General Anti-Avoidance Rules (GAAR) are covered under the umbrella of the Income Tax Act, 1961 and have been effective in the nation since 1 April, 2017. Much like any other nation, India too was plagued with multiple instances of tax avoidance wherein … Continue reading GAAR : A Strong Step Against Tax Avoidance

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