Tag: Intellectual Property

Double Patenting and Where it Stands as per Delhi High Court

In a recent Judgement by Delhi High Court on 02.11.2020 (CS (Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories), AstraZeneca (Plaintiff), a reputed British-Swedish multinational Pharmacy & Biotechnology company, was denied an Application under Order 39 Rule 1 &2 under the CPC for grant of Temporary Injunction against Alkem Laboratories (Defendants). It was contended … Continue reading Double Patenting and Where it Stands as per Delhi High Court

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Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

Introduction The Delhi High Court, through its judgement, in the recent matter of M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited, dated 04-06-21 delved into the interpretation of section 8 of the Arbitration and Conciliation Act in relation to the disputes involving Trademarks. The Hon’ble court considered this dispute concerning the breach of … Continue reading Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

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Legality of Using Common Terms for Trademark in View of Various Indian Cases

“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases

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Offences under Copyright Act and Trade Marks Act: Bailable or Not?

Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?

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Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

The Central Government promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in the Parliament earlier this year but could not be taken up for consideration and passing. Exercising the power under Article 123(1) of the Constitution of India, the President … Continue reading Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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Recognition of Doctrine of Copyright Exhaustion in Software in India

The Doctrine of Exhaustion, which is an internationally recognized legal principle, in layman’s terms, can be explained as a principle per which a copyright owner’s right over their creation, i.e., their right to control reproductions or copies of their work, exhausts whenever the ‘first sale’ is made by the owner or by taking their consent. … Continue reading Recognition of Doctrine of Copyright Exhaustion in Software in India

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Copyright and the World of Musical Remixes

Whether it be Tamma Tamma, Laila Mai Laila, Saki-Saki, or the Humma Song, all of us dance to the tunes of our all-time favorite ever-green hit songs and also on the tunes of their remixes. Every now and then, we hear the remix versions of old classic hit songs being used in films and being … Continue reading Copyright and the World of Musical Remixes

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Deceptive Similarity In Trademark

Trademarks play an important role in creating the brand name and goodwill of any business. It not only helps in creating a brand value but also helps in revenue generation. Being of such vital importance, a trademark is susceptible to getting infringed and/or tainted. One such way of misusing trademark is making “deceptively similar” trademarks. … Continue reading Deceptive Similarity In Trademark

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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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A Brief of the Design (Amendment) Rules, 2021

On June 7, 2019, in a historic move, India sent its instruments of accession to the Nice Agreement, Vienna Agreement, and the Locarno Agreement. The Nice and the Vienna Agreement are treaties that concern themselves with the International Classification of Trademarks, the Locarno Agreement Establishes an International Classification for Industrial Designs. Although, India followed these … Continue reading A Brief of the Design (Amendment) Rules, 2021

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