Tag: Intellectual Property Rights

The Role of Intellectual Property Rights in Economic Development

Introduction Intellectual Property is that property that is developed by the human mind and by human intellect. Now intellectual property and rights attached to intellectual property are becoming very precious and valuable. In India, there are well-established administrative, statutory, and Judicial frameworks for protecting IPR. India has to comply with the Agreement on Trade-Related Intellectual … Continue reading The Role of Intellectual Property Rights in Economic Development

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The Contours of Religious Susceptibilities for Trademarks Introduction

In a country like India where religion is of paramount importance for the majority of its population, the usage of names of Gods, Goddesses, and religious texts and scriptures as trademarks can be sensitive. Although the same is not completely banned or prohibited from being used yet it depends largely on the nature of the … Continue reading The Contours of Religious Susceptibilities for Trademarks Introduction

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Legal and Ethical Issues Faced By the Start-Ups in India

Introduction Start-ups are small growing companies founded by one or more entrepreneurs, they are at their initial stage of operation with a limited amount of capital and limited experience. The government of India has taken several initiatives to encourage the growth of start-ups in order to promote entrepreneurship and employment by providing easier IPR facilitation, … Continue reading Legal and Ethical Issues Faced By the Start-Ups in India

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Protecting Trade Secrets In India In The Absence Of A Regime

Introduction Businesses usually accumulate and use creative as well as innovative ideas that are unknown to their competitors to gain an edge over and maintain the uniqueness of their product/service. Information that isn’t generally known to competitors and is protected by confidentiality agreements, qualifies as quasi-intellectual property known as ‘trade secret’ and is eligible for … Continue reading Protecting Trade Secrets In India In The Absence Of A Regime

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Similar Trademark Issued For Different Items Does Not Amount To Breach Of Law

The long pending question in the field of Intellectual Property Rights, with respect to the Tademarks, was finally answered by the Supreme Court, when it ruled, in the case of Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation Ltd.[1], that no law is violated or breached, if the two companies, with two different products, use … Continue reading Similar Trademark Issued For Different Items Does Not Amount To Breach Of Law

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Draft Designs(Amendment) 2019

The Designs Act, 2000, is introduced with an object to protect and safeguard the original design of an article with the aim to reward the innovator for research and labour applied by him for the purpose to originate or evolve such a new and original industrial design.These industrial designs of the innovator, subject to the … Continue reading Draft Designs(Amendment) 2019

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IP Commercialisation – Case Study Related to Software /IT Industry

Prologue: IP commercialization entails that one has the necessary intellectual property rights on the IP being commercializated and the commercialization would essentially have two parts – IP valuation and the consideration (fees). In this article we look at the commercialization aspects of the intellectual property rights in software; through the case study approach. Valuaton and … Continue reading IP Commercialisation – Case Study Related to Software /IT Industry

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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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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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A Frightening Case of Digital Piracy in the Entertainment Industry

Introduction Creative expressions are not a new domain and are as old as human societies, the difference in today’s scenario being the increased importance that is given to protection of such expressions. It was in 1667, when John Milton sold the rights of his legendary work, Paradise Lost for mere 10 pounds. As it was … Continue reading A Frightening Case of Digital Piracy in the Entertainment Industry

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