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  • Article

    Copyright Board Inspects ‘Originality’

    Copyright Act, 1957 is the umbrella legislation relating to copyright. The term ‘copyright’ under the statute means the exclusive right to do or authorize the reproduction, issuing copies, communication to the public, translation and adaption of a ‘work’ or a substantial part of it in which copyright subsists.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Copyright Infringement In Playing Television Channel

    The concept of "Communication to Public" is central to Copyright and a subject of intellectual property protection. The question as to what constitutes communication to public depends on the particular act of communication.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
Article

Curbing the Menace of Typosquatting

Every website has a unique and distinctive Internet Protocol Address. This IP Address comprises of a set of numerals. The Domain Names System allocates an easy to remember name to the numerals and these are the domain names.
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    Delhi High Court Decides On The Applicability Of The Doctrine Of Election To Patents.

    This case deals with the applicability of the ‘Doctrine of Election’ to Patents. As a rule, in law, one is not allowed to invoke two parallel remedies in a matter.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Disparaged or Not? Dabur v. Colortek Clarifies the Difference

    The advent of electronic media, particularly the television a few decades ago, brought along with it a boom in advertising.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Evolving Principles For Award Of Punitive And Compensatory Damages In India

    The principles involved in awarding of damages in IP litigation in India have seen a great evolution in the recent past
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Field Marshall: SC Clarifies On Removal From Register And Grounds On Non-Use

    The provision on Removal from register and imposition of limitations on ground of non-use came up for clarification before the Supreme Court of India in "Thukral Mechanical Works v. P.M. Diesels Pvt. Ltd & Anr." [2009 (39) PTC 193].
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    First Draft Of India’s National IPR Policy: Encouraging Indigenous Innovation

    Faced with the constant scrutiny of its Patent laws, Indian Government decided that it was time to move beyond the rhetoric surrounding the patentability thresholds for pharmaceutical innovations and have a comprehensive IP Policy in consonance with India’s national priorities and development needs.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Plagiarism in Medicinal World

    Plagiarism, the act of appropriating the literary composition of another author, or excerpts, ideas, or passages there from, and passing the material off as one's own creation which has plagued the world ever since one remembers, is now regarded as violation of copyright by the court.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Protection Of International Copyright From Violation By The Cable Network Providers

    Technological strides in media and communication have created newer avenues of copyright infringement and most cases of copyright infringement today are reported from the electronic media industry.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    "Rajasthan High Court Comes Down Heavily Against Non-Speaking Orders"

    "Reason is the soul of an Order." This was the manner in which the Rajasthan High Court chose to highlight the importance of clearly setting out reasons for allowing or rejecting a prayer while considering an application made before a Court.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Suit for Different Cause of Action: How Far Maintainable?

    It is a trite law that a judgement and order passed by the court having no territorial jurisdiction would be a nullity. The provisions of Code of Civil Procedure, 1908, govern determination of territorial jurisdiction of a Civil Court. Section 20 of the Code provides that the suits which do not come within the purview of Section 16 to 19 of the Code are to be instituted where the defendants reside or cause of action arises.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The IPAB Expunges A Mark From The Register On The Grounds Of Misstating The Wrong Date Of First Use

    The Intellectual Property Appellate Board (IPAB) recently passed an order for the removal of a trade mark (Tiger Brand label registered under No. 1330146 in class 34) from the Register of Trade Marks in a rectification petition being heard by it.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trade Secrets In India: Need For A Comprehensive Regulatory Review

    Increasing globalization riding on Information and Communication technology has been rapidly changing the canvas of financial system in the country.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    ‘Deceptive Similarity’ - Most Concerned Problem In Trademarks

    Deceptive similarity’ is one of the vital tribulations that is sought to be resolved by the Trademarks Act, 1999. As per section 2 (h) a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion and mark as per section 2 (m) includes a device, brand, heading, label, ticket, name signature, word, letter, numerical, shape of goods, packaging or, combination of colors or any combination there of.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trial Is No Longer The Default Procedure

    The Commercial Courts Act, 2015 was enacted with the intent to improve efficiency and reduce delay in deciding commercial cases.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    To Search Or Not To Search?

    It is said that the like-minded people think alike and hence we see different people from various backgrounds coming together to build business, industry, relationships, empires, companies and so on.
    IndiaTechnology
    Lex Orbis
    Lex Orbis
  • Article

    Reforms Bear Fruits At Indian Trade Marks Office

    With continuous reforms in the landscape of the Intellectual Property (IP) system, India is emerging as one of the dominating player in the modern world economics.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Renewal & Restoration Of Lapsed Patents: Non-Compliance With Statutory Time Limits May Prove Fatal

    Section 48 of the Patents Act, 1970('Act') confers broad exclusive rights on the patentee enabling her to exploit efficiently the incentives of her invention.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Havana Club Rum: Case Analysis

    The Havana Club trademark dispute between United States and Cuba has been one of the most prolonging, controversial and potentially acrimonious cases for the World Trade Organization (WTO) till date.
    GlobalIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 501–520 of 1062 results

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