27th May, 2013
A Larger Bench of Delhi High Court has, on 15th May, 2013, held by majority that a holder of a registered design can institute an action for passing off and that he can institute a suit against a person who is also in possession of a registered design. The dissenting opinion records that the rights and remedies under Designs Act, 2000 (the Designs Act) are statutory in nature ...
By Kumudavalli Seetharaman
Trans-border reputation as the name suggest means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor the trade mark registered. The general position in India is that trans-border reputation protects global reputation of the goods that have not even ente...
By Sribindhu Chivukala & Archana V
Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application. The legal protection to an invention is based on the claims of the granted patent. Typically, a p...
By Nupur Kumar
Advertisement is the act of making a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services [see end note 1]. Advertising serves as a tool to promote vigorous competition and public enlightenment but when it oversteps the ethics of generally accepted competit...
By Aastha Aggarwal and Konpal Rae
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001. As per the Act, a design registration protects the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to articles. Since a design registration seeks to...
By Jasneet Kaur
A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging. However, the print advertisement published by the respondent (Hindustan Unilever Limited or ‘HUL’) involving the same comparison was held as prima facie disparag...
By Lakshmi Pavan
The penetration of digitalization in every sector of the economy is a challenge from taxation perspective. Given the global nature of operations, it is possible for multi-national enterprises (MNEs) fragment their production and supply chain across various low tax jurisdictions. They park and manage the Intellectual Property (‘IP’) in...
International Trademark Association (INTA) will be organising its 138th Annual Meeting from 21st to 25th May 2016, in Orlando, Florida.
This conference will have sessions to discuss certain topics like International Trademark Law and Practice and Anticounterfeiting Solutions for Brand Owners.
Some of other topics which will be deliberated upon include:
International Trademark Association (INTA) will be organising its 136th Annual Meeting from 10 to 14 May 2014, in Hong Kong.
On 11th May, 2014 sessions will be held on following topics:
Competition Law and Intellectual Property: The Abuse of Rights
Consumer Perception of the Enforcement of Non-Traditional Trademarks
Domain Name Litigation and Arbitration in a World of 1,000+ New gTLDs
24th – 25th November, 2011, Geneva
The World Intellectual Property Organization is organising a seminar on the Madrid System for the International Registration of Marks on 24th and 25th of November, 2011 in Geneva.
The Madrid System for the International Registration of Marks is governed by the Madrid Agreement of 1891 and the Madrid Protocol. It is administered by the WIPO.
Tax liability in respect of hire-purchase transactions under various State laws is discussed at length in this issue. The article argues that there is double taxation on processing fees/documentation charges and that standardization of practices and uniformity is the need of the hour. In Central Excise, abatement quantum has been revised for several electronic items for the purpose of MRP based...
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