A geographical indication (GI) is an indication, whether in the form of a name or sign, used on goods that have a specific geographical origin and possesses qualities or a reputation that are due to the place of origin. Geographical indications are valuable rights, which if not adequately protected, can be misused by dishonest commercial […]
Law of Geographical Indications & Plant Varieties in India Read More »
Introduction The creation of a trademark results in the rise of certain proprietary rights, which can be exclusively exercised by the proprietor. These exclusive rights do not only provide them with the unequivocal authority to utilize and employ their mark, but also the exclusionary authority to control and regulate its use by any other entity.
The Dichotomy Of Registered and Permitted Users Under The Trade Marks Act, 1999 Read More »
Prior to dealing with the conundrum of the arbitrability of the disputes relating to the Intellectual Property Rights (hereinafter also referred as “IPR”) in India, let us first understand the concept of IPR. The term “Intellectual Property Rights” has not been defined under any Indian statute. As per the World Intellectual Property Organization (WIPO), Intellectual
Arbitrability Of IPR Disputes: A Balanced Approach Read More »
Border Control Measures Enforcement under the (Indian) Customs Act, 1962[1] The Government of India under Section 11 of the (Indian) Customs Act, 1962, is empowered to prohibit importation and exportation of goods of specified description, if it deems necessary to do so. The provision, inter alia, empowers the government to prohibit the import or export
Administrative Remedies against IPR Violations Read More »
According to the World Intellectual Property Organization (WIPO), trade secrets are intellectual property rights on confidential information which may be sold or licensed. In a layman’s perspective, a trade secret is a secret of any trade or business that is known to a limited group of persons and has a commercial value. Ex – Recipe of
Protection Of Trade Secret In India Read More »
The term “Intellectual Property Rights” has not been defined under any Indian statute. As per the World Intellectual Property Organization (WIPO), Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Primarily, there are nine categories of Intellectual Property: Copyright and related
Intellectual Property Rights in India: An Overview of the Legal Framework and Case Laws Read More »
An infringement suit is usually instituted in accordance with Section 20 of the Code of Civil Procedure, 1908. Clauses (a) and (b) of Section 20 provides that ‘a suit can be instituted where the defendants actually and voluntarily resides, or carries on business, or personally works for gain.’ This is the general principle with respect
