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  • Article

    A Trademark Falsified Or Falsely Applied Is A Cognizable Offence

    The Trade Marks Act is probably the most important piece of legislation when it comes to combating counterfeit goods. It empowers the authorities to take action to prevent the infringement of both registered and unregistered trademarks and makes the falsification of a trademark and the application of a false description to goods or services a punishable offence.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    An Insight Into CRI/CII Guidelines (2013)

    The recently published CII/CRI 2013 guidelines intend to address all apprehensions, ambiguities, uncertainties about Section 3(k). At the very beginning, the guidelines define important terminologies used while dealing with the CIIs, like "computer system", "data", firmware" , "hardware", "per se" etc.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Average Intelligence & Imperfect Recollection of a Customer - Criterion Determining Passing-Off

    The Supreme Court has expressed and rightly so in Cadila Health Care Ltd. versus Cadila Pharmaceuticals Ltd. (2001) SC that while dealing with cases in relation to passing off, one of the important tests which has to be applied in each case is whether the misrepresentation made by the defendant is of such a nature as is likely to cause an ordinary consumer to confuse one product for another due to similarity of marks and other surrounding factors but when medicinal products are involved, the t
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Determination Of Terms Of Broadcasting Licence: Music Choice Ordered To Approach Copyright Board

    Royalty and Remuneration to be paid to a Copyright Society can often come under the spotlight of contention.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Guidelines For Appointment Of Local Commissioner In Software Infringement And Piracy

    The onset of the computer era brought in just as many adversities as advantages. While softwares customize computers to perform desired functions, the exclusivity and expertise that some of these packages offer, make them susceptible to infringement and piracy.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    McDonald’s Fails At Claiming Its Mark

    In the battle of brands, repute and mileage, the grapple is often between MNCs and smaller local players, the latter often find themselves buried under the brawl of an established brand name.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Merger Doctrine Applied In The Case Of Combining Various Gene Components

    Copyright law protects the expression and not an idea.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Row over Toothbrush Designs

    The concept of a design being ‘original’ under the Designs Act, 2000 results from an exercise of one’s intellectual activity and includes designs which though old in themselves yet are new in their application.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Securing Digital Assets: The Synergy Of NFTs, Trademarks, And Patents In The Virtual Realm

    The exponential rise of Non-Fungible Tokens (NFTs) and the emergence of the Metaverse have ignited a frenzy among big brands and organizations worldwide.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Supreme Court Upholds Banks' Autonomy On Credit Card Interest Rates, Overturns NCDRC's Cap

    The case originated from a complaint filed by "Awaz," a voluntary consumer association, alleging that banks charged exorbitant interest rates of 36% to 49% per annum on delayed payments by credit card holders.
    IndiaConsumer Protection
    Lex Orbis
    Lex Orbis
  • Article

    Balming Foreign Wounds With Traditional Knowledge

    Patent is a set of exclusive rights granted to an inventor or assignee for disclosing and working the invention in the country.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Deception and Vernacular Lingo: Is confusion the Catch Point?

    Linguistic vibrance and colloquial jargons are colourful add-ons to the cultural flora of a region. But where technical aspects such as registration of trademarks are concerned, vernaculars often tend to inculcate deceptiveness amongst the brands.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Pakistan And India Against Each Other On Super Basmati Issue

    While the famous ‘diaper war’ is a classical example of patent war between two companies, the Super Basmati GI issue can turn up into a classic example of intellectual property nuke war between two countries. Time has gone when ‘terrorism’ used to be the subject matter of joint reports regarding India and Pakistan in almost every part of print and electronic media.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Protection Of Trade Dress – Developing Jurisprudence

    Product packaging and visual impression of any product which is to be launched in the market, has become one of the most decisive factors regarding how well the product will attract the attention of the prospective consumers.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Reputation Without Use for FINANCIAL TIMES

    One of the characters in a Tom Stoppard play Night and Day says, "I’m with you on the free press; it’s the newspapers I can’t stand." The order of the IPAB (Board) starting with the above quote cannot be more apt when two newspaper publishers are fighting a protracted legal battle over a newspaper title.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Deceptive Similarity – A Factor in Dilution of Trademark and Goodwill

    A trademark is a visual symbol often created to distinguish ones own product in respect of visual appeal or efficacy from host of other identical and similar products to build up reputation and profits by skill, effort and enterprise in the course of time The whole concept of Trademark law is based upon business practice and competition.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    Indian Law On The Validity Of Trade And Employment Restraints

    Indian Law on the validity of Trade and Employment Restraints The Indian contract law stipulates that an agreement, which restrains anyone from carrying on a lawful profession...
    IndiaEmployment and HR
    Lex Orbis
    Lex Orbis
  • Article

    "SOREX Deceptively Similar To COREX"

    In the case of Pfizer Products, Inc & Anr v. Vijay Shah & Ors, the Plaintiffs, being the subsidiaries of the multinational pharmaceutical company, Pfizer Inc., had been engaged in the manufacture of an array of products including vitamin, supplements, antibiotics etc.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Lex Orbis
    Lex Orbis
  • Article

    "An Infringer Cannot Sue Another Infringer"

    Generally, when a person approaches the Court with a prayer, he is expected to do so with clean hands.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Are Copyright Infringement Offences Cognizable Or Not?

    In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR)
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 441–460 of 1062 results

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