Trade Protection

Protection on trade occurs when countries impose restrictions on imports into the economy. It can be defined as nation or a group of nations working in conjunction as a trade bloc, creating trade barriers with the specific goal of protecting its economy from the possible perils of international trading. In simple words, protectionism is a government action and policies which restricts or restrain international trade often intended to protect local businesses and jobs from foreign competition i.e. a policy that limits unfair competition from foreign industries. The objective of protectionism is to provide employment to people by protecting nation’s vital... Read More

Brand of Intelligence Manufacturing

Intelligence Manufacturing is a method in which the combined intelligence of people, processes and machines, is used in order to impact the overall economics of manufacturing. The purpose of intelligence manufacturing is to optimize manufacturing resources, improve business value and safety and reduce waste- both on the floor and in back office operations. Manufacturing is a multi-phase process in which new products are created by using raw materials whereas intelligence manufacturing employs computer controls and high levels of adaptability. Manufacturers use latest manufacturing execution systems (MES), intelligent devices, machine-to-machine communication and data analytics for its production lines and facilities in... Read More

Cardionet Suit Against InfoBionic Dismissed

On Wednesday, October 17th, An India based US District Court Judge Indira Talwani dismissed a patent infringement case bought up by CardioNet against InfoBionic. The cardiac monitor is a device that shows the heart's electrical activity as a wave pattern on a monitor. It continuously shows the cardiac rhythm and sends the electrocardiogram (EKG) tracing to a main monitor in the nursing station. Most commonly used in emergency rooms and critical care areas, cardiac monitoring allows for continual observation of several patients. CardioNet, a leading provider of services related to ambulatory outpatient management solutions for the purpose of vital information... Read More

WTO’s Panel Decision on Plain Packaging Tobacco: a New Direction to Developing Countries

Australia in 2011 introduced The Tobacco Plain Packaging Act 2011 [i](“the TPP Act”) to tackle the health problem related to tobacco industry. This act bans logos and distinctively-colored cigarette packaging in favor of drab olive packets, with brand names printed in small standardized fonts. In response, plain packaging policy in Australia has faced multiple challenges from a global, well-resourced industry but the Australian Court upheld the tobacco plain packaging legislation. After that, this matter came before WTO panel, where WTO judges had been tasked with delivering findings on whether plain packaging violates the TRIPS agreement or creates technical barriers to... Read More

What Kind Of Trade Mark Gives You Best Protection?

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. Kinds of Trademarks Coined Marks: These are the marks that are made innovatively by mixing words together. These marks do not have any meaning; they only serve as the marks that are registered for the product or service. In the beginning it is tough for the public to remember such names but as the days pass by this kind of... Read More

Social Media (F) Law: The German Precedent

Recently, the Network Enforcement Act, commonly known as NetzDG has taken full effect from January 2018 in Germany. The controversial law was passed by the parliament in June 2017. This piece of legislation has created ripples around the globe with a fair amount of supporters as well as adversaries. For a democracy like India this law has raised concerns about what privacy actually entails and whether private organizations reserve the power to dictate our morals. About the Law The NetzDG requires that large social media platforms, such as Facebook, Instagram, Twitter, and YouTube, must promptly remove “illegal content,” as defined... Read More

Trademark Overview

Trade Mark Act, provides with the provisions relating to registration of marks, filing of application in different classes, renewal period for the protection of the trademark, remedies available in cases of breach or violation of the respective trademark as well as the grounds for the recognition of a mark as a well-known trademark. Trade mark as defined under the Trade Mark Act, provides a mark capable: Graphically representation Capable of distinguishing goods and services from one person from those of others Distinctive character Mark includes a device, brand, heading, label, name, signature, word, letter, numeral, combination of colors or any... 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

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