Tag: TRIPS Agreement

Geographical Indication & Recent Gi To The Mithila Makhana

7th November, 2023 - 6:42 am Categories: Geographical Indication (GI)

Introduction The GI tag has been recognized as an intellectual property right under the TRIPS agreement. The Geographical Indication of Goods (Registration and Protection) Act, 1999 protects the geographical indication of that good.[1]The product which secures a GI tag is primarily an agricultural, natural or manufactured product. This act was drafted with the aim of … Continue reading Geographical Indication & Recent Gi To The Mithila Makhana

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Tangible Fixation And Preclusion Of Emphemeral Art

5th January, 2023 - 7:27 am Categories: Copyright Intellectual Property

Introduction Art is considered to be a gift to mankind, it has been there since the time immemorial with humans from Madhubani wall paintings of Mithila in 7th century BCE to graffiti of 21st century, art has developed its forms. It is believed that art embodies great influence on human life it is a form … Continue reading Tangible Fixation And Preclusion Of Emphemeral Art

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IPR in the Era of Conflicts by

25th April, 2022 - 4:03 am Categories: Intellectual Property

Patents, trademarks, copyrights, etc. are intangible assets majorly contributing to the growth of a nation, especially in terms of science and technology. The article discusses the implications of such conflict on its Intellectual Property rights. Patents, trademarks, copyrights, and designs form the umbrella of legally obtained Intellectual Property Rights (IPR). These are intangible assets provided … Continue reading IPR in the Era of Conflicts by

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Reinforcing ‘Traditional Brands’: Registering Protected Geographical Indication In India

8th March, 2022 - 4:10 am Categories: Intellectual Property

Introduction A GI is a sign used on products that have a specific Protected Geographical Indication origin and possess qualities or a reputation that are due to that origin. A few examples of GIs in India are Pashmina from Jammu & Kashmir, Banarasi Sarees from Uttar Pradesh, Darjeeling tea from West Bengal, and Feni from … Continue reading Reinforcing ‘Traditional Brands’: Registering Protected Geographical Indication In India

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Softwares Copyrightable Under The Indian Copy Right Act

26th May, 2020 - 1:02 pm Categories: Copyright

Introduction Computer instructions that tell the computer how to work is software. Software is an extremely sensitive creation for the creator. Software is at risk at every stage of its construction. There is a risk of the creation getting stolen, hacked or leaked. Once such a calamity happens the creation is compromised. The drawbacks of … Continue reading Softwares Copyrightable Under The Indian Copy Right Act

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To Patent, Or Not To Patent, That Is The Question

11th December, 2019 - 4:12 am Categories: Patents

The granting of secondary use patents in the pharmaceutical industry has become more prominent after the negotiations of the TRIPS Agreement in 1995. More and more secondary use patents have been granted, especially in developed countries. But, on the flip side, some firms tend to take advantage of secondary use patents in order to extend … Continue reading To Patent, Or Not To Patent, That Is The Question

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VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

21st May, 2013 - 5:33 am Categories: News & Updates

Gajendra Khichi, an intern at Khurana and Khurana talks about case of patent exhaustion or doctrine of exhaustion. Through this post, he gives special emphasis on the recent case of Vernon Hugh Bowman v/s Monsanto Company et al., which created quite a stir regarding patentability of seeds and plants. Today, when you acquire a new patented machine, … Continue reading VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

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Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

19th December, 2012 - 6:04 am Categories: IP Practice in India

Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection … Continue reading Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

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