In general, a design is the visible outside appearance of a product to the naked eye. The act defines design as “only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two dimensional or three dimensional or both forms, by any industrial process or means,…
What is Geographical indication : A geographical indication (GI) is defined in the TRIPS Agreement as an indication which identifies a good as originating in the territory of a member, or a regional locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.…
Adaptation under Copyright : For computer programs – which are considered literary works – an adaptation is a version of the work that is not a reproduction. The adaptation may or may not be in the same language, code or notation the work was originally expressed in. For musical works, an adaptation is a new…
Types of Intellectual Property Rights Patents. Trade secrets Copyright Trade Marks Industrial Design Geographical Indication. TRADE SECRETS : Trade secrets refer to specific, private information that is important to a business because it gives the business a competitive advantage in its marketplace. If a trade secret is acquired by another company, it could harm the…
A “Trademark” is defined under Section 2(1)(ZB) of the Indian Trademarks Act, 1999 as a “mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and combination of colours.” Simply put, a trademark…
One of the key components of intellectual property rights is Copyright. It is a legal right granted to creators of literary and artistic work. It gives them exclusive rights over their original work to use or/and distribute it. Satisfaction of two criteria is required for the extension of such a right namely, originality and tangibility.…
Alice Corporation Private Limited had a patent claim over a “Computer implemented scheme for mitigating ‘settlement risk’ by using a third-party intermediary”.[1] CLS seeked a declaratory judgement before the US Supreme Court contesting Alice’s claim to be “invalid, unenforceable, or not infringed.”[2] The court held that in accordance with the exception to Section 101 of the US…
INTRODUCTIONIntellectual Property Rights are legal rights that are granted to a person for any creative and artistic work, for any invention or discovery, or for any literacy work or words, phrases and symbols or design for a stipulated period of time. The owners of Intellectual Property and granted certain exclusive rights through which they use…
Passing off Passing off is a common law tort that can be enforced to the unregistered trademark rights. If a person sells his goods as the goods of another then the trademark owner can take action as this becomes a case of passing off. Passing of used to protect or safeguard the goodwill attach to…
Market competition is making brands go creative with ways they can better sell their product. Advertisements have become an essential aspect of running a business today. One such advertisement technique which has become common now is the art of comparative advertisement. This involves comparing one’s products or services rendered with that of another company’s products…
