Introduction Companies invest huge amounts of money in establishing their brand names and their marketing. The owners of the brand names spend large amounts of money to build on reputation and popularity to sustain in the highly competitive markets. Companies often spend enormous amounts of money on their brand name establishments and for their mark…
What is Infringement? Infringement is the act by which a person not authorised to use an intellectual property, uses it, without the permission/consent of the authorised proprietor/owner/author. What constitutes infringement for one form of IP, may not constitutes infringement for another. The test for whether an IP has been infringed or not differs on the…
Introduction The importance of IPR was deliberated on for the first time in the ‘Paris Convention for the Protection of Industrial Property’ (1883) and the ‘Berne Convention’ for the protection of Literary and Artistic work (1886). Both treaties are administered by WIPO. India is a member of WTO (World Trade Organisation) and therefore, a party to its TRIPS…
A patent is the government’s exclusive right to prevent others from using, making, or selling an innovation for a set period of time. For improvements to their earlier invention, a patent is also attainable. The basic goal of patent legislation is to encourage innovators to contribute more to their fields by giving them exclusive rights…
Intellectual Property Rights plays a vital role in protecting the rights of creators and inventors. It includes copyright, patents, trademark, geographical indications, designs, biological diversity, integrated circuits and so on. Basically the original work or invention is protected under this law. The Copyrights Act, 1957 was formulated in order to protect the rights of a…
Introduction The advent of the internet has posed a threat to people in different ways. One of them is Copyright infringement. People can have access to millions of websites with just a click, post something on social media networks by altering somebody’s original work, a popular example of such alteration is the submission of research…
The Indian PersepectiveIndia has a rich variety of biodiversity and is one of the 12 mega-diversity centres. It is also considered to be the centre of origin of various crops, plants, cattle, sheep, spices etc and greatly contributes to the world’s biodiversity. As India is a signatory to both the Trade-Related Intellectual Property Rights Agreement…
Franchise Franchising refers to a concept in marketing, which can be used by an organization as a strategy for expanding its business. It is a business strategy for getting and keeping customers. Franchising is a marketing system for creating an image in the minds of present and prospective customers about how the company’s brand, products…
The term patent finds it’s roots from the Latin word patere, which means “to lay open”. It is a shortened version of the term letters patent, which was an open document issued by a monarch or government granting exclusive rights to a person. In modern times, the term patent usually refers to the right granted…
What is a Trademark? We all recognise the association of the half-bitten black apple with Apple Inc.; the solid sky-blue bird with Twitter; the yellow “M” on the red background with McDonalds; the bright red “NETFLIX” with Netflix; and the words “Prime Video” with an arrow at the bottom with Amazon’s Prime Video. All of…
