Impact of the Supreme Court’s Order in the Prius Case on the Issue of Determination of Transborder Reputation of Trademarks
Introduction: Setting the Tone In one of its most consequential rulings, Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd.[1] (hereinafter “Prius Case”) the Supreme Court of India, observed that the Intellectual Property Rights are territorial rather than being global. Before delving into the depths of this seminal ruling, it becomes important to have a … Continue reading Impact of the Supreme Court’s Order in the Prius Case on the Issue of Determination of Transborder Reputation of Trademarks
Read more »An overview of Patent (Amendment) Rules 2024
Introduction: The Department for Promotion of Industry and Internal Trade under Ministry of Commerce and Industry introduced the Patent Amendment Rules on March 15, 2024, amending the Patents Rules, 2003. Key Amendments: Rule 12: Statement and Undertaking Sub-rule (2) specifies the longest period in which the applicant must notify the Controller of information regarding patent … Continue reading An overview of Patent (Amendment) Rules 2024
Read more »Navigating the new phase of Intellectual Property Rights (IPR) Law- Geographical Indications
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
Read more »The Use Of Deep Fake
“The police are prosecuting on the effect of the deep fake and not because it is a deep fake itself” According to policy researchers at Digital Futures Lab in Goa, Indian regulations do not currently provide a precise definition of “deepfakes” The Information Technology Act and laws prohibiting defamation, fake news and invasions of privacy … Continue reading The Use Of Deep Fake
Read more »Non-Disclosure Agreement: A Comprehensive Checklist Of Important Clauses And Their Purpose
INTRODUCTION There are numerous instances where parties find themselves in situations where disclosing confidential information becomes necessary, whether it is for the purpose of invention, business, partnerships, etc. In such situations, the Non-Disclosure Agreement (NDA) becomes an indispensable tool for safeguarding one’s intellectual property. This article provides a comprehensive checklist of the most important clauses … Continue reading Non-Disclosure Agreement: A Comprehensive Checklist Of Important Clauses And Their Purpose
Read more »Jones Investment Company Inc vs Vishnupriya Hosiery Mills
Introduction Trademark bullying, as defined under Section 142 of the Trademarks Act, 1999, is making groundless threats of legal proceedings. Such threat could be in the form of anything, a circular, an advertisement, a notice, or even an oral threat made to scare the small businesses from continuing to pursue their trademark. This bullying is … Continue reading Jones Investment Company Inc vs Vishnupriya Hosiery Mills
Read more »Image Rights In Sports Law?
INTRODUCTION The commercialization of sports has included a number of legal concerns. Currently, there are several sponsors for a single sporting event, players are contractually required to support a certain company, and broadcasting organisations have exclusive rights over what content is shown to viewers. Therefore, it is almost hard to imagine sports in the modern … Continue reading Image Rights In Sports Law?
Read more »Protection of Trademarks in China
Introduction Foreign companies entering the Chinese market need to familiarize themselves with its complex trademark regime, which both facilitates protections while also imposing certain unique limitations that brands must work around. China’s trademark regime follows a first-to-file system and so does not recognize international trademarks if they are not registered in the mainland. While China … Continue reading Protection of Trademarks in China
Read more »Understanding Arbitrability Of Trademarks
INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks
Read more »Resolution Mechanism Under Copyright Act 1957
Copyright is a type of licensed innovation security conceded under Indian law to the makers of unique works of creation, for example, scholarly works (counting PC projects, tables and assemblages including PC information bases which might be communicated in words, codes, plans or in some other structure, including a machine decipherable medium), emotional, melodic and … Continue reading Resolution Mechanism Under Copyright Act 1957
Read more »