The date of distribution of a patent application is of importance. The explanation being ones benefits just as rights start from the date of distribution. Albeit one can’t found any encroachment procedures till the patent is allowed.Normally a patent application is distributed in the Official Patent Office Journal after the pass of year and a…
Fashion has consistently been an inherent aspect of the Indian culture and now fashion law in India is developing day by day. But there is no one specific statute for fashion law, one has to take shelter under different enactments. The Indian fashion Industry experiences provisos of the law as the conventional laws for the…
Our favorite Bollywood and Hollywood celebrities are always flaunting different apparels and ethnic from the biggest designer houses of the world. At one point or another we all felt like having one of those pieces. We all have come across the dupes of these designer outfits at way cheaper prices than they are originally sold…
In the case of H&M; Hennes & Mauritz Ab &Anr v. HM Megabrands Pvt. Ltd. &Ors is based on the point of having a similar trademark to that of another brand. The Swedish company had become popular and successful, especially with the young girls. The Plaintiff, in this case had a well-known trademark, and would…
Intellectual properties can be divided into two groups namely; Industrial Property and Copyright. Industrial property can be further divided into four groups that are patent, industrial designs, trademark and geographical locations. Patent is basically a monopoly granted for public disclosure of an invention. Section 2(j) of the Indian Patent Act defines the invention as a…
Section 37 of the Copyright Act, 1957 deals with broadcasting reproduction rights. Every broadcasting organization, shall have a special right known as, “Broadcasting Reproduction Right” in respects of its broadcasts. This right will subsist for 25 years from the year of the broadcast. During the period, if any person does the following acts without the…
We all have taken a snap of those delicious dishes and lip-smacking snacks. In the world of Snapchat and Instagram where even food becomes a model, looking absolutely delicious and hard to resist. With all the e-commerce websites and various online platforms, we can try so many varieties and range of products. Food industry is…
Trademarks in India are governed by Trademarks Act, 1999. As per S. 2(1) (zb) of the Trade Marks Act, 1999 defines trade mark 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 shape of goods, their…
PATENT ANTI-TRUST PARADOX While the patent and antitrust processes both aim to improve the general wellbeing of society, they continue down separate lines. It is the right of exclusion which underlie the patent system. In view of the public benefit nature of the proprietary and non-rival, patented inventions, at least technically, such rewards are necessary.…
As on the year 2020, Gorakhpur got a Geographical Indication (GI) tag for its traditional terracotta craft by the Geographical Indication Registry. In tune with ‘Vocal for Local’ pitch the Union government adopted ‘cluster-based approach’[1]. The application was filed by one Laxmi Terracotta Murtikala Kendra and Human Welfare Association in 2018. Gorakhpur is famous for…
