Practice Area

IP Law & Management


This section of Law Wire aims to provide an introduction to the law and management of Intellectual Property (IP) and innovation for those whose future career may involve the management of IP and innovation. In all sectors of the increasingly knowledge-based economy, the creation and protection of intangible assets forms a key part of a successful corporate strategy. 

Famous and Well known trademark case list

03 February 2013    Author: Ashwin Madhavan

S. No.

Trademark

Case Name + Citation

Judge’s Remarks / Decision

1.      

PANADOL &

PANADOL EXTRA

SmithKline Beecham Plc & Another

Vs.

Sunil Singhi & Another

2001 PTC 321 (Del)

“It is palpably evident, and incontestable, that the defendants have deliberately...

Use of Trademarks: Golden rules

03 February 2013    Author: Ashwin Madhavan

A “Trademark” is one of the most important forms of Intellectual Property in today’s day and age. It is one of the well-known forms of Intellectual Property and the public often relate to it than other forms of Intellectual Property such as Patents and other non-conventional forms of IP such as Geographical Indications,...

Intellectual Property Securitization: A good strategy?

04 February 2013    Author: Sooraj Abraham

Intellectual Property (IP) backed securitization is based on the royalty earning capacity of the asset. The IP holder normally transfers the IP right to a Special Purpose Vehicle (SPV) specifically constituted for the securitization of IP. A SPV is similar to a company created for carrying out a single special objective,...

Descriptive Marks and Registrability

07 February 2013    Author: Sooraj Abraham

Delhi High Court through a series of decisions vehemently claimed that the use of descriptive marks, if registered, is prima facie, invalid. Marico Ltd. v. Agro Tech Foods Ltd. takes up a strong stand in this regard. Marico Ltd. used a trade mark “LOSORB” and “LO-SORB” and claimed infringement over Agro Tech’s usage over the...

Post Grant Opposition in Patent Law

14 March 2013    Author: Dibyadarshini Nanda

A patent is an exclusive right granted to the inventor of a new and useful article. The patent gives the monopoly to the inventor to manufacture, market and sell his invention. Thus, it is very important that patent is only granted to such inventions which deserve this exclusive right. It should not be against public policy...

Transborder Reputation in Law of Trade Marks

19 March 2013    Author: Dibyadarshini Nanda

A trade mark is a visual symbol applied to an article with a view to indicate the trade source from which it comes. It can be a word, device, label, name, letter, numeral, brand, heading or colors. The purpose of the trade mark is to distinguish goods or services of one origin from those of the others. It advertises the...

Moral rights of an author

25 March 2013    Author: Akshat Razdan

The Copyright Act, 1957 contemplates certain special rights which reflect upon the personality and character of an author of a piece of work . These rights are termed as Moral Rights or Droit Moral of an author and are protected under the Copyright Act, 1957. These rights are vested in the author by the virtue of the fact...

Performers Rights in India

25 March 2013    Author: Akshat Razdan

All the artists who present their skills and expressions so as to display their innate creativity have certain rights over their performance; these rights are called Performer’s Rights. This batch of Related Rights protect the interests of a performer (musician, actor, singer, dancer etc.) over their performance; as application...

Copyright Infringement vs. Kopimism: Who Will Win ?

27 March 2013    Author: Akshat Razdan

To recognize the efforts and labor of an artist and to safeguard their interests, an intangible right is granted to the author or originator of a certain literary or artistic production. This right is granted under a statute for a limited period, conferring an exclusive privilege to that person (or to any party to whom he or...

Significance of Intellectual Property to a Business

17 May 2013    Author: Roshan John

Each and every product used in our day to day lives is a result of human creativeness and innovation. Parker, a multi-national company famous for its pens has several patents to its name for the technology used. The trademark on the pen is also an intellectual property [IP], which helps the manufacturer to market the product...

Fashion Laws: An Addition to the IPR Regime

20 May 2013    Author: Roshan John

Fashion Industry is one of the most creative industries across the globe. Fashion is considered to be a significant aspect of social life which is branded continuity as well as innovation. In the legal sphere, this continuity and innovation is addressed by Intellectual Property Laws. Fashion Laws is a rapidly growing...

When fair use becomes unfair

20 May 2013    Author: Kshitij Parashar

As we all know that Copyright grants exclusive rights to the creators of original literary, scientific and artistic works. It prevents unauthorized reproduction, public performance, recording, broadcasting, translation, or adaptation, and allows the collection of royalties for authorized use. However, Copyright only prevents...

Piracy of registered designs

21 May 2013    Author: Kshitij Parashar

Designs have always played a major role in the global dynamic market. The essential purpose of design law is to promote and protect the design element of industrial production. A design is, in layman’s language, the plan or scheme for the appearance of an article (or a part of an article). It primarily concerns with what an...

Ambush Marketing: An Insight

24 May 2013    Author: Kshitij Parashar

The term "ambush marketing", also known as ‘’parasitic’’ or “guerrilla” marketing,  can be defined as an attempt by an organization to benefit from the goodwill or popularity of a particular event by creating an association between itself and the event, without permission from the relevant organization and without paying the...

The Importance of Traditional Knowledge: A National Treasure

24 May 2013    Author: Kshitij Parashar

The Importance of Traditional Knowledge

When a knowledgeable old person dies, a whole library disappears.

-African Proverb

Evolution

In layman’s language, traditional knowledge (TK) could be understood as knowledge which has been gathered or accumulated by a community through years of experience, it is often tried and...

Intellectual Property and Agriculture

15 June 2013    Author: Pritika

The spectrum, of Intellectual Property rights is not limited to business entitites or multi national companies only. It has its influence, spread wide and prominent, thus making us realize that any creation per se, has the right to protection. Keeping that in mind, IPR also exists in the field of agriculture. All forms of...

Trade Secrets Vs Patents

16 June 2013    Author: Rahul Madhwani

A trade secret is confidential business information providing the enterprise a competitive edge. It can be a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable by which a business can obtain on economic advantage over competitors or...

Amicable solution to the Delhi University photocopy row

14 October 2013    Author: Rahul Cherian

The recent case filed by premier publishing houses against Delhi University and a photocopy shop in its near vicinity, Rameshwari Photocopy Services, has sparked off a debate across the country regarding  the interests protected under the Indian Copyright Act. The Indian Reprographic Rights Organization (IRRO) is a copyright...

Natural Justice in Patent Law and Section 20 of the Atomic Energy Act With Special Reference to Raytheon Company v. The Controller of Patents (AIR 1974 Cal 336)

18 October 2013    Author: Ishita

Opportunity to be heard means the chance to appear before a court or tribunal to present evidence and argument before being punished by governmental authority. ‘Opportunity of being heard’ before giving any judgement is the hallmark of justice in any field whether it is criminal law or company law or intellectual property...

Copyright and Architectural Expression

20 October 2013    Author: Priyanka Mittal

In 2008, a wealthy film director from Bangladesh decided to construct an exact replica of the Taj Mahal which was followed by Dubai’s plan for a reproduction of the Taj Mahal with the inclusion of a shopping mall and a five star hotel. Would the construction of such replicas be construed as something that is legal? More...

Non Grant of Patents in case of Atomic Energy

21 October 2013    Author: Ishita

United States (US): In the past, inventions related to atomic energy were subject to a broad experimental use exemption from infringement. The Atomic Energy Act of 1946 provided that “No patent hereafter granted shall confer any rights with respect to any invention or discovery to theextent that such invention or discovery...

Who does the Taj Mahal belong to; Copyright Issues Surrounding Monuments of Historic Importance

22 October 2013    Author: Priyanka Mittal

India is a country that prides itself over the Taj Mahal which stands as the epitome of the romance between the Mughal emperor, Shah Jahan and his wife, Mumtaz. It was built over a period of 22 years from 1632 to 1654 and since then it has been a prized possession of the country. In India, it is not just another building; it...

Difference between passing off and Infringement

22 October 2013    Author: Rahul Cherian

A trademark is a recognizable sign, design or expression of products or services of a company by which it identifies itself from others and is granted to an individual, an organization or any legal entity. Thus trademarks help to distinguish one’s business from that of others and is a sign of goodwill and quality of the...

How Novartis decision can change the fate of pharma industries.

23 October 2013    Author: Rahul Cherian

The Indian Patents Act came into force in the year 1970. In a span comprising of 43 years, it underwent 3 amendments with the last one being the Patents (Amendment) Act 2005. In its existence spanning over 4 decades, the one sector which has been particularly interfered with and altered by the Act, is the pharmaceutical...

The Software Patent Debate

25 October 2013    Author: Ishita


It would not be wrong in saying that; today’s world is a technology freak world. Everyone wants to find solution to most of problems via some technology. One such technological gift to mankind is software. Technically, software is defined as a collection of that enable a user to interact with the computer or have the...

India and Intellectual Property

26 October 2013    Author: Rahul Cherian

The world today is dominated by science & technology to an extent where it has become impossible even to think about a situation of existence without them. There has been significant progress and growth made in research and development of technology throughout the globe. Technology plays the chief and predominant role in...