Tag: infringement

Resolution Mechanism Under Copyright Act 1957

Copyright is a type of licensed innovation security conceded under Indian law to the makers of unique works of creation, for example, scholarly works (counting PC projects, tables and assemblages including PC information bases which might be communicated in words, codes, plans or in some other structure, including a machine decipherable medium), emotional, melodic and … Continue reading Resolution Mechanism Under Copyright Act 1957

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Golden Tobie Ltd. V. Golden Tobacco Ltd

In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited [2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Golden Tobie Ltd. V. Golden Tobacco Ltd

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Patent Litigation in Malaysia

The main laws relating to patents in Malaysia are the Patents Act 1983 (PA 1983) and the Patents Regulations 1986, which both came into force on 1 October 1986. Malaysia is a common law country and follows the doctrine of judicial precedent. Malaysia is a party to the (i) Paris Convention for the Protection of … Continue reading Patent Litigation in Malaysia

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Design Infringement in Biscuits-making Industry

A sector requires constant innovation and upgradation to survive and sustain in the market and the food sector is no exception to this pre-requisite. With the emergence of new techniques and recipes, Intellectual Property Rights protection has emerged in the food industry. The protection ranges from contents of the advertisements to the recipes and design … Continue reading Design Infringement in Biscuits-making Industry

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Spotify vs Opstify

A Swedish audio streaming and media service provider founded in 2006 by Daniel Ek, Spotify opposed a mark proposed for registration by Opstify Corporation vide the opposition notice dated 13th July, 2021. The former is the world’s largest music streaming service provider with over 356 million monthly active users. According to Trademark Trial and Appeal … Continue reading Spotify vs Opstify

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Amendments of Vietnam’s Draft Intellectual Property Law

Vietnam passed its first Intellectual Property Law in its National Assembly in the year 2005. Since then, the law has been amended twice, in 2009 and 2019, to respond to the dynamic social and economic environment of the country. Recently, the Vietnamese government issued a draft 3rd Amendment to the IP Law. The amendment is … Continue reading Amendments of Vietnam’s Draft Intellectual Property Law

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Infringement of Copyright: Will giving Intellectual Property Rights a Criminal Connotation Combat Freedom of Speech?

Legally speaking, the automatic protection of creative artistic, theatrical, musical, and literary works is referred to as copyright. Infringement of copyright happens when a third party infringes on the rights of the copyright holder by utilising the copyright holder’s work without the copyright holder’s consent. IP owners often face the difficult decision of whether to pursue … Continue reading Infringement of Copyright: Will giving Intellectual Property Rights a Criminal Connotation Combat Freedom of Speech?

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Aaj Tak vs Newslaundry: Restriction or Criticism

The Indian media has evidently touched its new law after Aaj Tak has claimed against the media watchdog Newslaundry to prevent former’s criticism of news reportage. After this criticism by Newslaundry, allegedly, an impression that the TV Today Network (that owns Aaj Tak and India Today) is involved in broadcasting and publishing fake news and … Continue reading Aaj Tak vs Newslaundry: Restriction or Criticism

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Copyright Infringement: Bollywood V. Hollywood

Bollywood, India’s Hindi-language film business, is one of the world’s largest and fastest-growing film industries, both commercially and culturally. Through its fascinating material, it has managed to maintain a foothold on its global audience. However, various complaints have surfaced in the industry, implying that there is a problem with unlicensed copying of Hollywood films. Adaptations … Continue reading Copyright Infringement: Bollywood V. Hollywood

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MakeMyTrip vs Booking.com- Injunction on the usage of Adwords

Infringement and Passing off of trademarks are strictly prohibited by the legal provisions and judicial precedents. When a person uses a trademark without permission, it amounts to infringement. Passing off involves creating some false representation that is likely to lead someone to believe that the goods or services are those of someone else. The organization … Continue reading MakeMyTrip vs Booking.com- Injunction on the usage of Adwords

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