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21 August 2023 by
India has recently witnessed a significant growth in patent filings, including national phase application filings through the Patent Cooperation Treaty (“PCT”) route.
08 August 2023 by
The most significant duty which is vested on the judiciary is the interpretation of the statutes in force.
02 August 2023 by
This article analyses the concept of comparative advertising within the domain of the Trademark regime, studying the various components involved, including the statutory laws and judicial pronouncements in India.
08 June 2023 by
Personality rights, commonly known as ‘right of publicity,’ guarantees an individual right in one’s personal attributes such as appearance, signature, voice, silhouette, face, features, gestures, expressions, mannerisms etc, paving way for an individual to use and commercialise one’s identity.
04 May 2023 by
In a recent Judgement, the Delhi High Court (“Court”) decided on an appeal filed by Microsoft Corporation to set aside the decision of Controller General of Patents and Designs (“Controller”) dated 05th March 2012 refusing the grant of Indian patent application 487/DELNP/2006 (“subject patent”) under Section 15 of the Patents Act.
12 April 2023 by
Character Merchandising is a new age business phenomenon to commercially exploit the famous comic characters in garb of generating revenue and fetch profit by using the pictures, voice dialogues of famous characters / personalities of which the general public are emotionally connected. The evolution of the character merchandising was by the famous company – Walt Disney Studios in 1930’s when they licensed the famous character like Mickey Minnie and Donald duck. Technological advancement and channels devoted to children entertainment has created a demand in the market and influenced the said segment to buy the product as the general public get attached to the character.
28 March 2023 by
A visually appealing store is a crucial asset for any business aiming to provide a consistent quality of goods and services across its stores . These stores featuring a distinct theme design commonly seen on their signage, wall arts, overall décor etc. not only reflects a cohesive brand imagery of the business but also create a lasting impression on the customers, strengthening their brand recall value.
02 November 2022 by
In today’s interconnected global economy, securing protection over Intellectual Property assets has become an indispensable requirement for businesses at various levels. Trademarks being one of the most important instrument of IP and valuable intangible asset to business in today’s era, functions as a source identifier for distinguishing the goods and services of one entity from those of others.
20 September 2022 by
In India, for intellectual property (IP) disputes, the statutes and courts have always been more focused on compensatory damages, i.e., compensating the aggrieved party to help them restore their position. This approach has led to a lack in the IP regime as it did not effectively achieve the twin objective of compensation and deterrence.
04 September 2019 by
In the matter of copyright infringement for a film, there has been a mix of decisions by the Indian courts, each presenting a divergent opinion on the point - whether the infringing copy in case of cinematographic film has to be an exact copy made by the process of duplication or whether it refers to another work which substantially, fundamentally, essentially and materially resembles the original film.
