As an IP lawyer, I always think about the remedies available under the umbrella of statutes and common law and whether common law remedy should prevail over statutory remedy in respect of the rights of Intellectual properties. Let me discuss it in th ..
As an IP lawyer, I am thinking up to what extend information related to intellectual property rights(IPR) becomes 'information' to be provided under the provisions of Right to Information Act,2005( herein after referred as RTI Act).IPR is a r ..
As an IP lawyer, I must appreciate the welcoming step taken by the Indian Parliament for enacting an Act 'THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015'(herein after referred as Commerci ..
As an IP lawyer, I have found many ambiguities in Indian Trade marks Act, 1999 and the Designs Act, 2000. For instance, shape of goods which is mentioned in the definition of 'mark' under section 2(1) (m) i.e. the definition of mark and in ..
In cases for the infringement of Trade Mark and in cases of passing off, user of trademark plays very important role in establishing proprietary right over the trademark. Section 31 of the he Trade Marks Act 1999 provides that ..
The existence is outcome of continuous process of Struggle. A baby is outcome of fight amongst hundreds of thousands of brother sperms in penetrating one ovum. In ancient days man struggled against the nature in order to survive. Changing time w ..
A lot number of cases are coming forward wherein the defendants in order to earn profits are infringing the goodwill or trademark of some well-established trademarks users. Now the question that comes for consideration is whether the owner of Origina ..
THE DEFENSE OF THIRD PARTIES USE IN AN ACTION FOR INFRINGEMENT OF TRADE MARK AND PASSING OFF IN INDIA ..
Section 209 of IPC has remained unchartered territory in matters pertaining to Intellectual Property Rights, especially pertaining to Trade Marks/Copyright. In matters pertaining to trade marks, copyrights, there is general tendency of ..
WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING IN ORDER TO PROVE THE TRADEMARK REGISTRATION OF A PARTY OR ORDER PASSED IN RELATION TO A TRADEMARK. In a Civil Suit proceeding pertaining to In ..
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