Tag: Intellectual Property

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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Registration of Geographical Indications in India

Geographical Indication or GI Tags is an intellectual property right given over a product that originates from a specific geographical location and holds qualities that are intrinsic or reputable due to that location. A few examples of GIs are Roquefort Cheese which is a unique form of blue cheese that is aged in Roquefort-Sur-Soulzon, France; … Continue reading Registration of Geographical Indications in India

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New Rules On Statement Of Working Of Patents (Form 27): What It Means For Indian Patent Holders

In one of our previous blogs, we covered about the changes introduced through the Patents (Amendment) Rules, 2020 (“2020 Amendment Rules”) which came into force on October 20, 2020. Among other things, major change has been introduced with respect to the manner in which the statement of working of patent in Form 27 has to be … Continue reading New Rules On Statement Of Working Of Patents (Form 27): What It Means For Indian Patent Holders

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IPAB Puts Stay On Use Of Trademark N95

On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word “N95”- with registration number 4487559 in class 10. The rectification application was filed under section 57 of the Trade mark Act, 1000 for the removal of the “N95” label. The court held that N95 mark … Continue reading IPAB Puts Stay On Use Of Trademark N95

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