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This section provides an opportunity to lawyers [including law students] and other professionals in the legal domain to express their views and work towards creating a common repository of sectoral information in a collective capacity. The works published in this section are reviewed by experts in the field before publication. All contributions may be sent to mail.lawwire@gmail.com for consideration.

The Resale Right in Art - Where do we go from here?

Author: Rodney D. Ryder

It was in the early twentieth century that copyright law responded to growing public awareness of the plight of impoverished artists whose works greatly increased in value to the benefit of dealers and collectors, without any corresponding benefit to the artist. 

In France, a drawing by Forain published inFranceprior to the...

Intellectual Property Disputes and Use of Arbitration

Author: Deshaipeta Aparna

Now a days ‘Intellectual property rights’ is one of the wide spread topic in legal world. Intellectual property right is a legal concept which deals with the creation of the minds for the recognition of exclusive rights. The Intellectual property has evolved when copyrights were brought alongside patents, trademarks, and...

Once upon a Click - A story of Amazons One Click patent and Indias emerging Business patent policy

Author: Yamuna Chengappa

Introduction

The reason why men enter into society is the preservation of their property-     John Locke.

India’s economic reforms in the 90s brought in a surge of subsidiaries, research units and business back offices of both Indian and foreign multinational companies. Consequent to these reforms India’s software sector...

Patents for Living Organisms

Author: Rahul Madhwani

Biological diversity is undergoing a dangerous wave of privatization under the label of Intellectual Property Rights, through the patenting of plants, animals, genes and smaller parts of DNA. A biological patent is a patent relating to an invention in biology. Patents were historically developed to ensure that the inventors...

Whats In a Mark? : Trade Mark Opposition And Infringement Analysis

Author: Stephanie Mahbert

Introduction

Section 2 (m) of the Trade Marks Act, 1999 clearly defines “mark” to include all devices, brands, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. To secure protection under the Trade Marks Act, 1999 the mark be...

Cyber tort as key factor for the infringement of Right to privacy

Author: Anagh Tiwari

Privacy is deeply rooted in the history and religion of India. Several religious scriptures, texts and classical right- ups recognize the importance of privacy. There is recognition of privacy in the Quran and the sayings of Prophet Mohammed. The Bible has numerous references to privacy and The Jewish law has long recognized...

Understanding Cyber Squatting

Author: Akshat Razdan

Internet is an indispensable platform for all the modern day corporations to reach maximum audience in the shortest span of time; which is not possible through any other conventional platform. The need to get customers “online” rather than “waiting in line” is the neoteric approach followed by companies to increase their...

Registration of sounds as trademark

Author: Kshitij Parashar

Most people think of trademarks as simply words and/or logos. However, as both technology and the way we use it become more sophisticated, the importance of non-conventional signs, such as sounds, to promote brands is unquestionable. Consumers find it easy to identify a particular product or service by reference to a...

Copyright Infringement on the Internet

Author: Devna Arora

Internet is an ideal medium for the artists to exercise their creativity. Copyright exists in all original works from the time they come into existence even if they are not registered. Ubiquitous nature of the internet has made it vulnerable to copyright violations. With the growth of technology there is difficulty in...

Burlington Home Shopping v. Rajnish Chibber & Another, Delhi High Court 1995 PTC (15) 278

Author: Rahul Cherian

This is a landmark case which laid to rest the confusion whether a database consisting of certain compilation of data could be the subject matter of a copyright and henceforth claim rights under law.  

Burlington Home Shopping (hereinafter referred to as the plaintiff) was a mail order service company engaged in the...

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