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Are IP Disputes Arbitrable In India? And To What Extent?
The Alternative methods of dispute resolution have eventually acquired a huge popularity and utility in the commercial and business- commerce sector. One of the most utilised methods is the arbitration, most of the parties associated with the commercial transaction nowadays prefer to opt for arbitration for the settlement of any kind of dispute. Arbitration in … Continue reading Are IP Disputes Arbitrable In India? And To What Extent?
Read more »Relation of IPR and Olympic
Introduction Olympic is the largest sporting event in the world, which features both summer and winter sports. Currently XXIII Olympic Winter Games are going on in the capital of Republic of Korea. Thousands of players and their supporters come from across the globe. South Korea is expected to spend $ 13 billion in organizing the … Continue reading Relation of IPR and Olympic
Read more »Referential Names & Intellectual Property Infringement
With progression of time we are witnessing the rise of Intellectual Property (IP) issues in India across industries. Every new case raises a few new questions and simultaneously rests some old ones. While traditionally IP disputes arose mainly in the pharma and software industries, recent trends have shown a noticeable surge in other industries including … Continue reading Referential Names & Intellectual Property Infringement
Read more »The Spinning Story of the Fidget Spinner
The 2017 fad of fidget spinners hasn’t yet faded, but in fact is intensively growing globally. For those who are not aware of this toy, it is a spinning toy meant to relieve stress in adults and kids. Arguably, depending on your taste you may find this spinning movement either stress relieving or irritating. Whatever … Continue reading The Spinning Story of the Fidget Spinner
Read more »Is Censorship a Necessary Evil?
With more than 1000 films being released every year, in India censorship of films has not only been a debate in the legal fraternity but also a topic of discussion at the family dinner table. The recent delay and cuts in the movie “Padmavati” is just one of the many examples of censorship in India. … Continue reading Is Censorship a Necessary Evil?
Read more »West Bengal’s Sweet Triumph in the Bitter Clash with Odhisa
Introduction The Geographical Indications Of Goods (Registration And Protection) Act, 1999 defines ‘geographical indication’ as ‘an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic … Continue reading West Bengal’s Sweet Triumph in the Bitter Clash with Odhisa
Read more »Jurisdiction of courts in online transactions: Impresario Entertainment & Hospitality Pvt Ltd V. S & D Hospitality
Introduction Over the last decade or so, the Delhi HC has become the hub for cases pertaining to IP litigation. This prompts parties to initiate proceedings in Delhi HC relating to IP laws which has eventually raised questions regarding the jurisdiction of the court especially in online transactions. This issue has been dealt by Mukta … Continue reading Jurisdiction of courts in online transactions: Impresario Entertainment & Hospitality Pvt Ltd V. S & D Hospitality
Read more »Personality Rights in Indian Scenario
Personality Rights Personality rights means a right of person related to his or her personality. They can be protected under right to privacy or as a property of a person. This is important to mostly celebrities because people use a celebrity name or a photograph to advertise their trade and this usage influences their sales. … Continue reading Personality Rights in Indian Scenario
Read more »Izuk Chemical Works v. Babu Ram Dharam – Part of Trademark Infringed
It is well established that a Trademark have to be used in its totality. A trademark having several components in it, when registered, is taken as a whole. Whereas, according to Section 15 and 17 of the Trade Mark Act, 1999, if the applicant seeks exclusive rights over a part of trademark then he may … Continue reading Izuk Chemical Works v. Babu Ram Dharam – Part of Trademark Infringed
Read more »Copyright and Reality TV Shows
There is a thin line between inspiration and infringement. Copying a script in a unique way is inspiration, but “in an original way” it is an absolute infringement of that right. Copyright cannot protect “ideas” but only the mere expression of the same. There are so many reality TV shows in the present day, it … Continue reading Copyright and Reality TV Shows
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