Enforceability Of Oral Agreement In India

The Indian Contract Act 1872, section 2(e), defines an agreements as “every promise and every set of promises, forming the consideration for each other is an agreement.” A promise is essentially an offer or a proposal, made by a person or an entity, towards another. The assent of the other, results in the acceptance of the offer; thereby creating an agreement. A valid agreement is said to have the essentials of a valid contract, them being: Proposal Acceptance Lawful Object Lawful Consideration Capacity to Contract It is important to note that all contracts are valid agreements but not all agreements... Read More

India Signs Up the Internet Copyright Treaty

The latest break-through in Intellectual Property in India is Union Cabinet approving the proposal to accede to the WIPO Copyright Treaty, 1996 (‘WCT’) and the WIPO Performance and Phonograms Treaty, 1996 (‘WPPT’).  These Treatises came into existence in the time when internet was considered to be a big thing in the year 2002. It deals with the protection of works and the rights of their authors in the digital environment and hence called as ‘Internet Treaties'. Commerce and Industry Minister Suresh Prabhu said that the potential benefits to the domestic industry and individual right holders of accession to these treaties... Read More

Things to Look For When Choosing the Right Trademark Attorney

Intellectual property laws cover a very broad aspect ranging from patents, trademarks, copyrights to legal issues which contracts. It is pertinent to note here that Thousands of trademark applications are turned down every month for many reasons. However, Working with a Trademark attorney will limit the likelihood of this occurring. Even though wide range of trademark Attorneys are there and finding a trademark attorney is not a very challenging task. However, the following are few things that one must consider while picking up the right attorney: 1. Specialization: The very first thing to take into consideration while short listing the... Read More

Deceptive Similarity of in case of Pharmaceutical Products

Trade Marks is an indication of origin of goods and services and it distinguishes between the goods and services of one from another. Trademark provides a recognition and public associate a trademark with particular attributes. We often come across many marks where one copies the substantial or prominent part of the already existing mark or uses deceptively similar mark so to cash upon the existing reputation of a well-established mark by causing confusion as to the source and origin of the mark. Various factors which are considered in determining whether the mark is deceptively similar or not are nature of... Read More

Why Do You Need to Register a Trade Mark?

Recognition of a Trade Mark or a Brand is created through consistent quality products/services, advertising/marketing campaigns, brand recall, geographic presence, sales team, positioning, among many other parameters. However, with growing competition, every market player is required to have an edge over the other in order to win the race of profitability, along with gaining trust of the consumer as well as to build a strong reputation and goodwill for its goods/services so as to maintain its position in the Market. Registration of a Trade Mark gives one such exclusive competitive advantage, wherein, for instance, Trade Marks such as the ‘arches’... Read More

International Patent Application Vs Direct Overseas Patent Filings

The patent filing services across the globe follow similar stipulations for filing of international patent applications. A patent applicant has the following three options for filing an international patent application: Filing the first patent application in a Paris Convention country (member state of Paris convention) and then file separate applications in other Paris convention countries within 12 months from the filing date of the first application. Using the PCT filing procedure i.e., The Patent Cooperation Treaty (PCT) which is an international agreement that provides a unified and simplified procedure for filing multiple foreign patent applications via a single initial application.... Read More

Patent Prosecution in India – Restoration of Lapsed Patent

Patent is an important, but an expensive way to protect our invention, product and/or process according to its originality, practicality and utility. However, the end financial gain from a patented invention is quite high, if the invention is of good commercial value. Term of a patent is 20 years that starts with earliest filing date of a patent application (i.e. from the filing date of a provisional application or the filing date of a complete application in case the provisional application is not filed). To maintain a patent, a maintenance fee or a patent renewal fee needs to be paid... Read More

Patent Filing in India – Publication of Patent Application

According to the Patents Act, 1970, a patent application is not open to public before expiry of 18 months from the date of filing and/or date of priority (whichever is earlier) of the application. The Patent Office publishes the patent application in the Official e-Journal ordinarily within one month from the date of expiry of 18 months from the date of filing or priority (whichever is earlier), except under some specific conditions where: a secrecy direction is in force application is abandoned under subsection (1) of section 9 (complete specification is not filed within twelve months from the date of... Read More

Patent Filing in India – Divisional Application

Unity of invention is a formal administrative requirement that must be met by a patent application to become a granted patent. According of sub-section (1) of section 16 of the Patents Act, 1970, “A person who has made an application for a patent under this Act may, at any time before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the... Read More