Recognition of A Trademark As Well – Known

Earlier a trademark used to get the status of a well-known trademark only after a long and tedious process of court proceedings preceded by a trademark infringement or by objections raised by others at the time of registering the trademark. After the new amendments came into force the process to acquire, the status of a well-known trademark has become easier and less expensive. Now, the question arises that whether inclusion in the list of well-known Trade Mark, the only way by which Trade mark can obtain the status of a ‘Well Known Trade Mark’? The answer to this question is... Read More

Explanation of Section 3d of Patents Act, 1970 and Medicines

Pre-2005 amendment of Patent law, product patenting to pharmaceutical substances were not acknowledged. Introduction of section 3(d) of patent act has helped in preventing the multinational pharmaceutical companies from extending the life of a patent or from ‘ever greening the product’. Hence, this very provision attempts to regulate the granting of such patents by limiting the scope of protection available for derivatives of known substances and new uses of known substance, which results in only a trivial development. This provision of was challenged in the case of Novartis AG vs. Union of India[1], when Novartis patent application for newer version... Read More

Growth of Start Ups under IPR

While developing a new idea as a product, pioneers naturally put a considerable measure of time into the innovative work of the product. They concentrate on building a business model, getting an increasing number of investors to put resources into the business believing that the product will pick up an early footing in the market. What they overlook is to have a sound Intellectual Property Protection set up before they introduce their product in the market. In spite of the fact that individuals are currently winding up progressively mindful about their IP rights, it is constantly fitting to have a... Read More

Registration of Copyright in India

The registration of a copyright is not mandatory in India. Copyright subsist in the original literary, musical, artistic or dramatic work as soon as it is expressed by the author of the work and he gains exclusive rights with respect to that particular work to reproduce, publish, make adaptations or perform, etc. which has been guaranteed under section 14 of the Copyright Act. The copyright law in India provides for civil as well as criminal remedies upon infringement under the Copyright act. The registration process has been encapsulated under the Copyright Act under Chapter X which states that the Registrar... Read More

Well-Known Trademarks – Pros and Cons of Its Amendments

Trademark A Trademark in relation to goods or services means a mark, design, or expression which represents a product or service of a source from the ones of other sources and is legally registered under The Trade Marks Act, 1999. Definition of Well-known Trademark under Sec 2(zg) of The Trade Marks Act, 1999 Well Known trade mark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would... Read More