Blog
Need for Arbitration in IP in India
Introduction The World Intellectual Property Organization (WIPO) defines Intellectual Property as creations of the mind, such as: Inventions Literary and Artistic works Designs and Symbols Names and Images used in commerce. The Intellectual Property is protected under Law and grants the creator monopoly, including the right to assign or license the right to another person […]
The Impact of Decriminalizing Patent and Trademark Offenses in India: A Comparative Analysis
The recent enactment of the Jan Vishwas (Amendment of Provisions) Act, 2023, heralds a transformative shift in the Indian Intellectual Property (IP) landscape. By decriminalizing certain offenses under the Patents Act, 1970, and the Trade Marks Act, 1999, this legislation aims to foster a more conducive environment for business operations. However, this paradigm shift is […]
The Paradigm of Patent Infringement: A Comparative Analysis of India, the US, and the UK
Introduction The labyrinthine domain of patent law presents an array of challenges, especially regarding the enforcement of patent rights and the maintainability of infringement suits. In India, the Indian Patent Act, 1970, encapsulates the provisions for patent infringement between sections 104 and 114. However, a conspicuous absence of explicit definitions and stipulations concerning the maintainability […]
Addressing Loopholes in India’s Copyright Law: Deep Linking, Framing, & Embedding
Abstract In the perpetually evolving digital epoch, the sanctity of copyright law is relentlessly assailed. The intricate interplay of deep-linking, framing, and embedding presents formidable threats to the sacrosanct rights of content proprietors, mandating a scrupulous reappraisal of India’s copyright edifice. This exhaustive treatise probes these lacunae, meticulously scrutinizes seminal rulings by the Supreme Court […]
WHAT CONSTITUTES TRADEMARK USE
India is one of the countries where one has to show use of a trademark in order to claim distinctiveness and/or priority for purposes of registration and for purposes related to establishment of prior user and/or acquisition of distinctiveness.