Category: Legal Issues

West Bengal’s Sweet Triumph in the Bitter Clash with Odhisa

Introduction The Geographical Indications Of Goods (Registration And Protection) Act, 1999 defines ‘geographical indication’ as ‘an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic … Continue reading West Bengal’s Sweet Triumph in the Bitter Clash with Odhisa

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Jurisdiction of courts in online transactions: Impresario Entertainment & Hospitality Pvt Ltd V. S & D Hospitality

Introduction Over the last decade or so, the Delhi HC has become the hub for cases pertaining to IP litigation. This prompts parties to initiate proceedings in Delhi HC relating to IP laws which has eventually raised questions regarding the jurisdiction of the court especially in online transactions. This issue has been  dealt by Mukta … Continue reading Jurisdiction of courts in online transactions: Impresario Entertainment & Hospitality Pvt Ltd V. S & D Hospitality

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Personality Rights in Indian Scenario

Personality Rights Personality rights means a right of person related to his or her personality. They can be protected under right to privacy or as a property of a person. This is important to mostly celebrities because people use a celebrity name or a photograph to advertise their trade and this usage influences their sales. … Continue reading Personality Rights in Indian Scenario

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Izuk Chemical Works v. Babu Ram Dharam – Part of Trademark Infringed

It is well established that a Trademark have to be used in its totality. A trademark having several components in it, when registered, is taken as a whole. Whereas, according to Section 15 and 17 of the Trade Mark Act, 1999, if the applicant seeks exclusive rights over a part of trademark then he may … Continue reading Izuk Chemical Works v. Babu Ram Dharam – Part of Trademark Infringed

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Copyright and Reality TV Shows

There is a thin line between inspiration and infringement. Copying a script in a unique way is inspiration, but “in an original way” it is an absolute infringement of that right. Copyright cannot protect “ideas” but only the mere expression of the same. There are so many reality TV shows in the present day, it … Continue reading Copyright and Reality TV Shows

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Does Publication of Bare Acts by Private Companies amount to Copyright Infringement?

Introduction “[I]f ignorance of law is no excuse it presupposes that a citizen is able to know law. The elementary requirement in this country is that the citizen is able to obtain an authenticated copy of the Act, Rules and Regulations. If a citizen is not able to obtain these documents, the argument is that … Continue reading Does Publication of Bare Acts by Private Companies amount to Copyright Infringement?

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Viacom 18 Media Private Limited & Ors. Vs. Union of India & Ors.

“It should always be remembered that if intellectual prowess and natural or cultivated power of creation is interfered without the permissible facet of law, the concept of creativity paves the path of extinction; and when creativity dies, values of civilization corrode.” Introduction The cinema has always been a sphere of constant debate over the subject … Continue reading Viacom 18 Media Private Limited & Ors. Vs. Union of India & Ors.

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The Disney-Fox Merger and Its Ramification

The Simpsons show has made a name for itself as a modern-day Nostradamus. 20 years ago, the show predicted Fox’s takeover by Disney. On 17th December, 2017, the Walt Disney Co. in a $52.4 billion, all-stock deal, made a bid to acquire 21st Century Fox and its entertainment and sports assets to augment their already … Continue reading The Disney-Fox Merger and Its Ramification

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Abuse of Dominant Position in Aftermarkets and Other Support and Maintenance Markets in India

Introduction The term ‘aftermarket’ is generally used in the automobile industry and it is generally a secondary market dealing in spare parts, accessories and other components for motor vehicles. It is also concerned with the service, maintenance and customization of vehicles in the automobile sector. The other support and maintenance markets involve kinds of services … Continue reading Abuse of Dominant Position in Aftermarkets and Other Support and Maintenance Markets in India

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Amendments in Intellectual Property Laws in Vietnam

Much awaited fourth amendment to the IP laws of Vietnam finally comes into force today i.e. on January 15, 2018. Circular No. 16/2016/TT-BKHCN (also called Circular No. 16), which was issued on June 30, 2016 by the Ministry of Science and Technology of the Government of Vietnam  which amends as well as supplements a number … Continue reading Amendments in Intellectual Property Laws in Vietnam

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