Category: Intellectual Property

Trademark Infringement by NFTs: International Scenario

5th July, 2024 - 6:55 am Categories: Intellectual Property Trademark

BACKGROUND AND CONTEXT An analysis of the opportunities offered by the use of NFTs (“Non-fungible Tokens”) illustrates that such use may be considered a trademark infringement. This was recently clarified by the IP Chamber of the Court of Rome (Tribunale di Roma, decision n. 37165/2022 dell’11 luglio 2022). 32072/2022).[i] An analysis of the opportunities offered … Continue reading Trademark Infringement by NFTs: International Scenario

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Selecting The Top IP Firm In India

4th July, 2024 - 10:38 am Categories: Intellectual Property

Introduction The ease of entering a market precedes any other determinant for improving the global economic standing of a nation. India is assiduously rising as a global economic powerhouse capable of leading emerging global markets while transforming its market through Intellectual Property (IP) driven innovations. The 2023 International Intellectual Property Index released by the United … Continue reading Selecting The Top IP Firm In India

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The Essential Guide to Patent Searches: Safeguarding Your Invention’s Future

27th June, 2024 - 10:52 am Categories: Intellectual Property

INTRODUCTION Every search provides pertinent information that should be considered before the invention is patented to avoid having to deal with non-patentable inventions. In a simple patent search prior art is checked and patents and other literature are reviewed to determine prior disclosure so as to assess the patentability of the invention. A few of … Continue reading The Essential Guide to Patent Searches: Safeguarding Your Invention’s Future

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Navigating the new phase of Intellectual Property Rights (IPR) Law- Geographical Indications

24th June, 2024 - 6:06 am Categories: Intellectual Property

Introduction: As globalizations spreads its wings to its fullest, the distinctions between nations are becoming increasingly indistinct as international entities extend their reach to even the most remote corners of the world. While globalization fosters economic integration and cultural exchange, it also poses significant challenges to rural and cultural products, thereby impacting the livelihoods of … Continue reading Navigating the new phase of Intellectual Property Rights (IPR) Law- Geographical Indications

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From ‘Relevant’ To ‘Global’ Turnover: Examining The Basis Of Penalty Under The Competition (Amendment) Act, 2023

9th April, 2024 - 6:23 am Categories: Intellectual Property

Introduction The Competition Act[1] describes ‘turnover’ as the ‘value of sale of goods or services’. Associated with this provision, is the provision specifying the penalty[2] for anti-competitive agreements,[3] which until recently, did not specify whether this ‘turnover’ was to be based on total/global turnover (derived from all the products and services by an enterprise)[4] or … Continue reading From ‘Relevant’ To ‘Global’ Turnover: Examining The Basis Of Penalty Under The Competition (Amendment) Act, 2023

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The Ownership Conundrum of Cinematograph Films – the Copyright Suit of ‘Nayak’

4th March, 2024 - 6:44 am Categories: Intellectual Property

Introduction A cinematograph film is a creation of different sets of individuals, including singers, dancers, lyricists, composers, scriptwriters, actors, directors, and others contributing to its making. Ideally, the ownership of the copyright of such a film vests with the producer. But does that deprive the contributors of the underlying works of their rights absolutely? This … Continue reading The Ownership Conundrum of Cinematograph Films – the Copyright Suit of ‘Nayak’

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The Power of Intellectual Property Right: A Catalyst for Innovation and Growth

12th January, 2024 - 7:36 am Categories: Intellectual Property IP Litigation

Introduction Intellectual property refers to the creation of mind, wherein a person uses his intellect to create unique works such as artistic works, inventions, scientific discoveries, literary works etc. Intellectual Property Rights are a set of legal protections which are given to individuals for their creations. Intellectual property rights are exclusive right given to the … Continue reading The Power of Intellectual Property Right: A Catalyst for Innovation and Growth

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Contractual Employees Whose Contract Ended During Pregnancy Entitled To Maternity Benefits

1st November, 2023 - 9:23 am Categories: Intellectual Property

Factual Background The present matter is a writ petition filed by the aggrieved petitioner who was denied maternity benefits that are guaranteed to pregnant female workers by the Maternity Benefit Act. Brief facts of the case are that the petitioner was appointed as a stenographer on 7thFebruary 2013 on a contractual basis. Thereafter each year, … Continue reading Contractual Employees Whose Contract Ended During Pregnancy Entitled To Maternity Benefits

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S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.

10th August, 2023 - 12:07 pm Categories: Intellectual Property

Parties The Appellant-Plaintiff is the registered proprietor of the trademark “piknik” and has been in the business of preparing potato chips, potato wafers, etc. since 1988. The Respondent Defendant Cadbury is a household name in India. They have been marketing chocolates since 1948. Brief Facts Brief facts of the case are as follows The Appellant-Plaintiff … Continue reading S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.

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Defending IPL From Ambush Marketing Strategies

25th July, 2023 - 9:25 am Categories: Intellectual Property Trademark

Introduction Sports play a massive role in everyone’s lives as a source of entertainment and unparalleled passion, contributing to 5% GDP of world’s economy[1]. Sports industry is one of the biggest industries across globe now owing to people’s increasing interest in the same. One such example is the popular Indian Premier League of cricket in … Continue reading Defending IPL From Ambush Marketing Strategies

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