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
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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
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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 »
Whether Playing Of Sound Recordings Or Live Performance Of Songs In Marriages & Social Festivities Is Copyright Infringement Or Not? Legal Saga Continues To find the answer of the above query, it is important to first refer the relevant provisions under the Copyright Act, 1957, relating to the literary work, musical work and sound recordings,
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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
The Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’) provides a trademark proprietor with the exclusive right to use the registered trademark in respect of the goods and services for which the registration has been made.[1]Where a registered trademark is being used in circumstances not covered by the scope of registration i.e., used
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