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INTERPLAY BETWEEN SECTION 11 AND SECTION 34 OF THE TRADE MARKS ACT, 1999
INTERPLAY BETWEEN SECTION 11 AND SECTION 34 OF THE TRADE MARKS ACT, 1999 The Trade Marks Act, 1999 (hereinafter, the “ Act ”), aims to...
Mar 54 min read
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Rights of Authors of Underlying Works to Claim Royalties for Performance of Derivative Works
Intellectual art can take various forms of innovation and creation including books, articles, songs, musical compositions, films, and...
Jan 74 min read
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Imputing Bad Faith In Trade Mark Infringement Disputes
Bad faith is generally understood as a narrow legal concept that is a shade milder than malice and implies breach of faith or wilful...
Nov 23, 20244 min read
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Demystifying Advertising Standards Council of India - Safeguarding Ethical Advertising in India
The rampant rise of social media influencers has drastically changed the advertising landscape in India. The paradigm of content...
Nov 18, 20245 min read
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The Monochrome Effect: Decoding the Legality of Single Colour Trademarks
In the complex world of brand development and association, single colours have emerged as a powerful and sophisticated branding strategy....
Sep 26, 20246 min read
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What’s in a Geographical Name?: Understanding use of Geographical Names as Trade Marks
The names of cities, states and countries are often used by businesses to refer to their goods and services. Some well-known examples are...
Mar 15, 20244 min read
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Preserving Brand Integrity: The Banes of Naked Licensing
The goodwill and reputation of a brand is built, in large measure, on the quality of the goods and services in relation to which it is...
Feb 15, 20243 min read
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Summary and analysis- The Draft Patents (Amendment) Rules, 2023
Recently, the Indian Patent Office published "The Draft Patent (Amendment) Rules, 2023”. In recent years, with the increase in the number...
Oct 4, 20237 min read
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Meat Substitutes: Protecting Innovations and Strategies for Building a Patent Portfolio
In the first part [P1] of this two-part article, we compiled the global innovation landscape and market trends in the meat substitute...
Aug 23, 20234 min read
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The Bombay High Court Steps In!
Recently, the Bombay High Court has pronounced a series of decisions in matters in which parties appealed decisions of the Trade Marks...
Aug 8, 20232 min read
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Meat Substitutes: Market Trends and Patent Insights
With the global population surpassing 8 billion, raising health and environmental consciousness, and the need to meet the United Nations...
Aug 3, 20233 min read
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Who owns the Copyright in the Screenplay of Film? – An analysis of the Nayak Saga
Nayak, an award-winning Bengali language film released in the year 1996, is regarded as one of the finest works of Bharat Ratna winner,...
Jun 21, 20233 min read
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Laudatory Trademarks: Descriptive or Suggestive in Nature?
The question about the distinctiveness of laudatory trade marks is a recurring one in Indian trade mark jurisprudence. It has been...
Jun 3, 20235 min read
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Prosecution History Estoppel and Trade Mark Infringement: Recent Developments
Recently, the doctrine of prosecution history estoppel, which finds its roots in patent infringement proceedings, has been seeing...
May 18, 20234 min read
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IP Protection in the Cosmetics Industry
Any talk about cosmetics is incomplete without a discussion about their side effects on the human body. The concern about safety is...
May 14, 20234 min read
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Trade secrets: A Comparative Perspective of Their Protection and Enforcement
Trade secrets are information about a trade or business that is known only to a small number of people and has an economic value. They...
Apr 17, 20235 min read
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Copyright ownership of AI generated content in India
After the launch of Chat GPT[1], an Artificial Intelligence (“AI”) chatbot developed by OpenAI, that generates responses based on the...
Mar 16, 20234 min read
1,613 views
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Limitation Period for PCT-National Phase Applications
On September 23, 2022, when Koch Engineered Solutions LLC (“Koch”), through our firm, attempted to file four (4) National Phase...
Dec 14, 20223 min read
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Trade Marks and the Metaverse: Recent Trends in India
In the post covid era, the ‘Metaverse’ has become one of the most hotly discussed technological advancements globally. More and more...
Sep 9, 20224 min read
390 views
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A Common Ground at last: An Analysis of the 12th WTO Ministerial Conference Declaration
Ever since the outbreak of COVID-19 pandemic, talks had been ongoing among Members of the World Trade Organization (WTO) to formulate a...
Aug 1, 20224 min read
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