This Article has been written by Ms. Bipasha Choudhary, 4th year student of Dewan Law College, Meerut. ABSTRACT The pharmaceutical sector in India is expanding rapidly. The pharmaceutical industry in India has grown significantly not only in terms of market capitalization but also in terms of availability and affordability. The pharmaceutical industry is…
View detailsThis article has been written by Ms. Harshitha Reddy Vanga, a 3rd year student of M.S. Ramaiah College of Law, Bangalore. ABSTRACT: This article explores the dynamic relationship between celebrity endorsements and copyrights, delving into the symbiotic nature of leveraging star power for brand promotion. It examines the legal intricacies surrounding the use of…
View detailsThis article has been written by Ms. Harshitha Reddy Vanga, a 3rd year student of M.S. Ramaiah College of Law, Bangalore. ABSTRACT User-generated content (UGC) has become a prominent and influential part of modern advertising. While it offers a unique and authentic way to engage with consumers, it also brings forth a multitude of…
View detailsThis article has been written by Ms. AGRATA CHATURVEDI a 1ST year student of LLOYD LAW COLLEGE , Greater Noida Abstract: With continuous business development, Intellectual Property (IP) litigation has increased and innovation has become prevalent in India. An important driver of growth. Companies operating in India need effective strategies to manage complex intellectual property-related litigation. These general guidelines outline ways to effectively protect and enforce intellectual property rights, including the pre-litigation, litigation and post-litigation stages. Introduction: Intellectual property rights (IPR) include patents, trademarks, copyrights, and intellectual property rights. Trade secrets are important assets of a business. Litigation in this area requires a multidisciplinary approach that takes into account legal, regulatory and commercial issues. In India, where the legal framework regarding intellectual property continues to evolve, companies need to take measures to protect their interests. Pre-Litigation Strategies: 1.Comprehensive IP Protection: – Conduct thorough searches and due diligence to identify existing IP rights. Obtain proper protection for patents, trademarks, copyrights, and trade secret Strategic Portfolio Management: – Regularly review and update the IP portfolio to align with business goals. – Prioritize protection for core assets crucial to the business. 3.Customs Recordation: – Record IP rights with Indian Customs to prevent the import or export of counterfeit goods. – Collaborate with customs authorities for effective enforcement. 4.Market Monitoring: – Employ technology tools for continuous monitoring of the market. – Implement a robust system for detecting potential infringements at an early stage. 5.Legal Audits: – Conduct periodic legal audits to identify vulnerabilities. – Address issues promptly to prevent potential litigation. III. Litigation Strategies: 1.Early Dispute Resolution: – Explore alternative dispute resolution mechanisms, such as negotiation, mediation, or arbitration.- Save time and resources by resolving disputes amicably. 2.Local Expertise: – Engage experienced local counsel well-versed in Indian IP laws. – Leverage their understanding of the legal landscape for strategic advantage. 3.Strategic Case Selection: – Prioritize cases based on their strategic importance to the business. – Consider settling less critical disputes to conserve resources. 4.Parallel Proceedings: – File both civil and criminal actions simultaneously for stronger enforcement. – Leverage criminal proceedings as a deterrent and for additional remedies. 5.Government Collaboration: – Collaborate with government agencies, such as the police and customs authorities. – Participate in government-led IP awareness programs and initiatives.…
View detailsThis article has been written by Ms. Soumya Sharma, a Third Year Law Student of UPES, Dehradun. Introduction In the bustling commercial landscape of India, trademarks serve as valuable assets, safeguarding a company’s brand identity and protecting its reputation. Trademark prosecution, the legal process of registering and defending trademarks, plays a crucial role in ensuring that…
View detailsThis article has been written by Rajat Srivastava, a first-year student at Army Institute of Law, Mohali. Introduction The process of securing a trademark is indeed a meticulous journey, laden with challenges and prerequisites that demand a stringent adherence to quality standards. To embark on this journey, an individual or business must navigate through a…
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