Intellectual Property Law And The Outer Space: A Promising Future Ahead?

INTRODUCTION Technological advancements in the field of outer space, for the purpose of exploring an extra-terrestrial environment, studying and using it, is not a new concept. However, questions of Intellectual Property Rights governing these advancements have been brought to the fore relatively recently owing to the fact that these developments have become more of a private or commercial affair rather than a state run activity. Protection of one’s innovation is imperative to their success. With the world understanding the importance of such safeguards, the demand for it has risen exponentially. OUTER SPACE AND INTELLECTUAL PROPERTY LAWS Outer space (often referred to... Read More

Trips Plus And Biodrugs: Imperative Poise Between IP Fundamentalism And Access To Biodrugs

Introduction TRIPS (standing for Trade Related Intellectual Property Rights) has led to the coming up of  unified IPR protection norms or what can be termed as minimum standards of IP Protection across the different jurisdictions in the world. ‘TRIPS plus’, however,  can be termed as a ‘much greater set of standard of IP protection than ‘TRIPS’, [1] that is basically lobbied upon  the developing countries, by the developed countries of the world. On the other hand, Bio drugs are “complexly structured large molecule drugs which are usually derived from metabolic processes of living cells for treatment, diagnosis and prevention of... Read More

Anything New In The Debate Over Intellectual Property Protection (IP)?

There is one group of people delirious with joy about everything digital, and the other side gloomy with a sense of doom. Is there a middle way? We’d dare to suggest there is, but first everyone must realize that there is no clear answer in this debate. Let’s start by acknowledging the fact that both sides have some excellent viewpoints. This debate runs into a tough terrain because two important principles collide: legal protection for intangible works against free expression and exchange of ideas. IP disputes have always involved the fundamental tradeoff between these two principles. The most revolutionary voices... Read More

Kerala’s New Geographical Indication (GI Tag)

  Geographical Indication (GI) is an Intellectual Property Right like any other IPR which is described in Article 22 of TRIPS (Trade Related Aspects of Intellectual Property) Agreement as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”[1]. It is given to the products which are unique and limited to certain geographical indications only. They can be given to any kinds of products and does not differentiate among manufactured or... Read More

Should Startups Focus On IPR Laws? How Important Is IP For A Startup?

Emergence of an idea: When entrepreneurs draft business strategies they are often aloof from the intricacies of law, infringement and legal compliances. The prima facie focus in on how the venture must be shaped in order to scale into a flying unicorn, albeit breaking the norms for the mere purpose of achieving the targets and survival in the market. In order to protect your kernel of business ideas, IPR must be sought the very moment you start to pen down your ideas for projecting them into reality. This will not only prevent your competitors from stealing your ideas but will... 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

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

Patenting Your Invention – Five Common Mistakes to Avoid

A road to gaining significant profits by commercializing an invention begins with filing of a patent application for obtaining a patent. There are many common mistakes, which an applicant commits that may lead to undesirable consequences such as failure to obtain the patent even if the invention has potential to bring high monetary value to the applicant. Some of the common mistakes that an applicant can avoid for smooth flow of patenting process are: Mistake 1: Delay in Filing Patent Application Many countries have opted for a first-to-file system. Under this system, the right to grant of a patent for an invention... Read More

Effect of Acquiescence on Trademark

The dictionary meaning of acquiescence is the reluctant acceptance of something without protest. The Trade Marks Act 1999 talks about the “acquiescence” under Section 33 of the Act and is based on the well settled principle-  "Equity aids the vigilant, not those who slumber on their rights." It means a person who has been wronged must act relatively swiftly to preserve his rights. The proprietor of the trade mark must remain vigilant about any unauthorized use of his mark by others and if he doesn’t, he would not be entitled to claim any relief under the Act due to inaction on his... 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