Expert guidance on Trademark, Patent and Copyright for Indian businesses — straight from our team.
Introduction In this world where every minute some new movie or book is released into this domain of Intellectual Property, this vast amount of content has to be protected. The UNESCO (United Nations Educational, Scientific, and Cultural Organization) has reported the huge number of 2.2 million book titles being released every year in the entire
“If a creative person steals your idea, he’s killing his creative ability, if he steals your art, he’s killing his art, if he makes it available to the world, it won’t create the impact you could have created, because it wasn’t from the right source .” - Michael Bassey Johnson The Copyright Act, 1957 is
When one invests considerable amount of time and efforts in bringing out a unique brand or mark and someone else copies the same or uses deceptively similar mark or brand, the original owner obviously gets frustrated. And if the same person has not registered the mark then it ensues a long legal battle to establish
The concept of trade dress, as originated from the Lanham Act of US legislation, seeks to protect the packaging, dressing, combination of colors, shape, and basically the overall visual design of the product, which helps to ward off competitors from misusing it. For instance, Apple Inc. secured the trade dress of its flagship Apple stores.
It’s a well known principle that a patentee has exclusive rights to prevent any third person from selling, importing, making, using, or offering for sale the patented product.1 However, there are certain limitations, and the international exhaustion of patents as provided under section 107A (b) of the Act is one such limitation. Though the term
Instagram reels helps you to connect and reach out to a global network with 15 seconds short and entertaining video clips. It is probably one of the easiest and entertaining ways to explore our creativity and share it with the world. Now, some of you may be wondering whether such reels can get copyright protection.
In India, trademark is protected by the Trademarks Act, 1999 and it grants protection for a period of 10 years subject to renewal. Trademark registration follows certain simple procedures starting with Trademark search where you find out whether the particular brand mark or name is already used or not. It helps one to save time
The cases of trademark infringement and passing off are not new or of recent development. It has been there even before the laws regarding IP protection came into existence. Though several people were held guilty for infringement, the trend is still continuing. One such recent trademark infringement case that caught our attention was the case
Recently, SoftBank came to the spotlight as it acquired around 200 patents including both granted and pending ones from Loon, a subsidiary of Alphabet Inc. for High Altitude Platform Stations (HAPs). It was an outcome of the parent company’s decision to shut down the stratospheric communications initiative known as Noon. SoftBank and HAPs mobile plans
Effective trademark protections are a necessity for innovation and to secure risky investments. It is a vital concept in today’s market place. It increases the competitiveness in 21st century business world. The United States, Japan, China, Taiwan and other countries have enacted new statutes and India could lead by their example. The meaning of trade
NFT short for Non- Fungible Tokens is something that is unique and which cannot be replaced. For example, a bitcoin is fungible and when you trade it you get the exact same thing in return. However, NFT is non fungible. NFTs can be anything digital. It can be either a drawing, music etc. It is
A trademark is a visual symbol of a particular brand or business which helps to distinguish it from others in the market. It can be in the form of a logo, symbol, signature, name, label or a combination of colors. In India, trademarks are protected by the Trademark Act, 1999 which grants protection for a
For a single product one can avail a number of IP protections for different aspects. The maximum number of protection will depend on each case. Most often, many people believe that for a single product only one kind of intellectual property protection can be availed. But in reality it is not so, even for a
The tussle between Kerala and Karnataka over the use of acronym ‘KSRTC’ is important in the IP field as it analysis several important concepts such as Registrability of abbreviations, prior user, secondary meaning and Infringement. The dispute between the two States Kerala and Karnataka on the trademark KSRTC has led to the analysis of several
Trademark is a type of intellectual property which differentiates the goods of an organization from that of others by a symbol, word or a sign. Such exclusive right granted to a person includes the right to enjoy his innovations and exclude others from using it without permission. Trademarks have become an essential component of businesses
The intellectual property rights grant a person the right to have ownership over the innovations which are borne out of his creativity. Trademarks are a kind of intellectual property rights which differentiates the goods of an organization from that of others by a symbol, word or a sign. Such exclusive right granted to a person
In India, the laws relating to the intellectual property rights including patents, copyrights, trademarks, designs etc. are well established and comprehensive. In this article, we are going to see the landmark judgments in the field of patent infringement and passing off. But before we go any deeper, let’s understand the meaning of the above said
Right to privacy and Right to information are the two important sides of a democratic set- up yet they are the most conflicting aspects of democracy. On one hand privacy is the protection of the individual’s autonomy and personal relations and covers a wide spectrum of principles under it and on the other hand, it
Description- A secondary liability arises when a party in power and direct control or having knowledge of the alleged infringement aids/ induces it to continue. A trademark infringement arises when the registered mark is used/ sold without the consent of the original owner of the registered mark. Secondary liability in trademark infringement is a common
REDUCED FEE FOR PATENTS FILED BY EDUCATIONAL INSTITUTIONS- PROPOSED AMENDMENT India recognizing its need to strengthen the existing Intellectual property laws have brought about certain significant changes wherein to accomplish the principle of Atmanirbhar bharat, the Centre has extended the 80% reduction of IP filings and prosecution to the educational institutions. With the aim of