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  • Article

    Importance Of Expert Testimony In Patent Cases

    The grant of a patent invariably follows a thorough examination by expert patent examiners of the patent offices.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    India's Rise To Innovative Excellence - Achieving 100,000 Patents In One Year

    The Hindustan Chamber of Industry and Commerce (HCIM) held a press conference on March 15, 2024, announcing numerous significant milestones in India's intellectual property landscape.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Indian GIs At Menace

"Champagne", "Cognac", "Roquefort", "Scotch Whisky", "Tequila", "Darjeeling", and "Coorg"– are among some well-known examples for names which are associated throughout the world with products of a certain nature and quality.
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    Indian Patent Office Seeks Recognition As International Search Authority

    Patent Cooperation Treaty was signed by India in 1998. It allows an inventor to file an "international patent application," which has the effect of filing a separate patent application in each of the PCT member countries designated by the inventor.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Legislation On Access To Indian Biological Resources And Knowledge Associated Thereto

    The National Biodiversity Authority (hereinafter referred to as "NBA") and State Biodiversity Boards (hereinafter referred to as "SBB") are established to deal with matters relating to implementation of the Act and the Rules.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Legislature Equipped To Ward Off Groundless Treats

    In the competitive world of business, it is natural for the rival traders to adopt and apply different tactics to boost up their own business. The real aim of the trademark is to reflect the bondage between the proprietor and the product.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Nexus Between Territorial Jurisdiction and Cause of Action

    ‘Territorial jurisdiction’ has become a burning issue recently before the Supreme Court and High Courts. The conflicting decisions of Allahabad High Court in Civil Appeal No. 6248 of 1997 and Delhi High Court in Civil Appeal No. 16 of 1999 relating to territorial jurisdiction led to the decision of Dhodha House "Patel Field Marshal Industries v. S.J.Maingi" P.M.Diesel Ltd. (2006(32) PTC 1 (SC)) by the Supreme Court.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    No Interlocutory Injunction If Damages are Adequate Remedy

    It is a settled rule that when damages can form adequate remedy, injunctions are not awarded. In the case of Dart Industries Incorporation Anr. V. Technoplast & Anr. 2007 (35) PTC 139 (Del.) apart from reiterating the above principle, the Delhi High Court dealt with the questions of passing off and infringement of designs and copyright.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    No Monopoly Over Themes: Bombay HC Rejects Copyright Claim On Dream Girl 2

    In the case of Ashim Kumar Bagchi vs Balaji Telefilms Ltd. & Ors., the Bombay High Court addressed important questions about copyright infringement and breach of confidence.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Patent Registration In India: It’s Time To Accelerate The Process

    Patent registration in India has hitherto been a slow and tardy process with inventors/innovators running from pillar to post for 6-7 years before they are able to secure the seal of registration.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Patents: Benefits Of Alliance Of Academia And Industry

    Collaboration between academics and industry can play a vital role in developing nascent technologies and have a positive impact on business and the economy.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Prior User Favors Registration As Trademarks

    The establishment of prior user of a mark is an important strategy in defending infringement actions where the mark and the goods covered are identical as well as in trademark prosecution stages.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Redressal Of Trade Mark Infringement Under Companies Act

    One of the major strategies of the misusers is to adopt famous/well known marks as a part of their trading style/corporate name. Obviously, the intention is to choose a name that is easy to recollect and gives the impression of being associated with a well-known company.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Regional Players as Bonafide Users??

    The Trademark battle often runs into taking the shape of a suit for infringement, deception, claim of being a prior user, so on and so forth.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Role Of Geographical Indications In The Field Of Traditional Knowledge

    Geographical Indications are recognized intellectual property tool for protecting the link or relationship between product quality and the geographic region of its origin.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Second Time Also Not Myshow!!

    Over the years, laws relating to Intellectual Property Rights in India have witnessed rapid growth and significant development.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Seminal Patents 3 - Jet Engines

    We live in a scientific and technological world that is vastly different from the world of a hundred years ago.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Similarity In Commercial Names And Device: The Montblanc Dispute

    A suit filed under Order 39 Rule 1 and 2 and Order 39 Rule 4 of the Code of Civil Procedure, 1908, titled "Montblanc Simplo- GMBH v. New Delhi Stationery Mart" 2008(38) PTC 59, involved two corporations, debating over similarity in the commercial names appended to their products and the associated Trademark principles.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Stadmed Private Ltd. vs. Abbott Laboratories

    The question whether two marks are deceptively similar is an important question which arises for consideration in connection with registration of trademarks. A trademark is said to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion [Section 2 (i) (h) of Trademarks Act, 1999].
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Statute Obligates Conduct Of Search By Registrar

    Trademark has emerged as one of the vital instruments in generating business. Once the mark becomes associated with the business, it instills a substantial amount of goodwill to the business. It has become a prevalent practice that the business concerns adopt a trademark much before the actual initiation of business.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 401–420 of 1062 results

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