Tag: patent

Copyright for Confidential Information

This article refers to copyright and patent to be granted in case of confidential information and the requirements with respect to the same in order to prove liability. It also refers to various obligations that arise once a party is exposed to some confidential information and the remedies that are available. However, there is a … Continue reading Copyright for Confidential Information

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Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

Abstract Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability … Continue reading Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

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Changes To The Mode Of Hearing Patent Applications Online

The Indian Government is working to improve the ease of doing business with the objective of converting India into a global innovation hub. A robust intellectual property rights regime is necessary to achieve this objective. The Ministry of Commerce and Industry along with the Office of Controller General of Patents, Design and Trademark has introduced … Continue reading Changes To The Mode Of Hearing Patent Applications Online

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“An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”

ETYMOLOGY OF PATENT IN INDIA The Act VI of 1856 was the first piece of patent-related legislation in India. This legislation’s goal was to promote the development of innovative, useful products and to persuade inventors to divulge their creations’ intellectual property. Act IX of 1857 subsequently abolished the Act because it had been passed without … Continue reading “An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”

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A Comparative Analysis Of Patenting Software Related Inventions

Introduction The dispute over software patents focuses on two issues: first, whether computer software is patentable, and if so, what should be the boundaries of patent protection. There are variances on both of these fronts, but in the interim, major patent offices throughout the world have granted several software patents, leading to the development of … Continue reading A Comparative Analysis Of Patenting Software Related Inventions

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Analysing Prior User Defence Mechanism Against Patent Infringement In India

Introduction “Prior user right” refers to the “legal right of a third party to continue using an invention that was already in use before a patent application for the same invention was filed”. This right is intended to balance the impact of the “first-to-file” principle with the interests of third parties as “prior use prevails … Continue reading Analysing Prior User Defence Mechanism Against Patent Infringement In India

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Under Armour decision on FERs

Introduction During the discussion of the key concepts, the defendant raised an argument that the plaintiff had suppressed material facts. According to the defendant, since the plaintiff had not disclosed its reply to the FER when seeking registration, it should not be allowed to take a contrary position in the current trademark infringement litigation. The … Continue reading Under Armour decision on FERs

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Ip Suspension During War Crimes: In The Light Of Russia – Ukraine Atrocities

Introduction Understanding the concept of war crimes, it is easily extractable that life is the most important right that humankind possesses and it shall be protected at all costs. Anything that stands in the way of right to life should be suspended entirely or to the extent it is creating contradiction. Article 21 of the … Continue reading Ip Suspension During War Crimes: In The Light Of Russia – Ukraine Atrocities

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Patent Litigation : Need of Specialized Patent Trial Courts in India

INTRODUCTION Intellectual Property Rights, a set of technical rights giving rise to exceptionalism under patent law which has increasingly become a specialized field. The problem of abusive patent litigation has diverted the patentee’s attention from innovation to fighting against “patent trolls”. Through this research article, the authors try to emphasis on the need of judicial … Continue reading Patent Litigation : Need of Specialized Patent Trial Courts in India

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A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements

INTRODUCTION Section 59 is a gateway to determine the scope of possible amendments. Therefore, it follows that the real leeway provided to applicants and patentees attempting to alter claims would rely heavily on the interpretive leeway allowed to the constraints established by Section 59. The Supreme Court of India has ruled repeatedly that if a … Continue reading A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements

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