Understanding the Doctrine of Foreign Equivalents – Part 1
This post examines the doctrine of foreign equivalents in trademark law, focusing on its use in assessing confusion and descriptiveness of foreign word marks. The analysis covers legal…
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Elucidating the Patent Process – Part 1
This post describes the different types of patent applications available under Indian law and their essential procedural requirements. It provides clarity on the patent process in India, focusing…
Grounds for Refusal of Trademark Registration – Part II
This post discusses Section 9(2) of the Trade Marks Act, 1999, examining key grounds for refusing trademark registration in India. It covers deception, religious susceptibilities, obscenity, and legal…
Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public
The post analyses the legal benchmarks for establishing a trademark as well known, emphasizing the necessity of recognition among a substantial segment of relevant consumers. It discusses case…
How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999
This post discusses the key statutory and judicial factors for determining the well knownness of a trademark under the Trade Marks Act, 1999. It highlights the legal criteria…
Reversion of Assignments & Licenses – Part III: Notes on Copyright Amendment, 2012
The Copyright Amendment 2012 revised the framework for assignment and reversion of rights in India, mandating clear terms and protecting authors’ royalty entitlements. Section 19 and related provisions…
Assignment & Royalty – Part II: Notes on Copyright Amendment, 2012
This article discusses the Copyright Amendment 2012, focusing on new assignment and royalty provisions for authors under Indian copyright law. It analyses the legal uncertainties and practical implications…
Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part II
This post discusses how writers and creators in India can protect their original ideas in the entertainment industry, focusing on NDAs, release deeds, and the principle of breach…
Selden’s Patent – A Historical Patent for the Automobile Industry
Selden's patent played a pivotal role in shaping the early US automobile industry, leading to significant legal disputes with major manufacturers such as Ford. This post objectively examines…
Invention that Added Flexibility to Our Lives, Literally!
Vulcanization, invented by Charles Goodyear, transformed the utility and durability of rubber products. The process enabled rubber to withstand varying temperatures and revolutionised industries, especially automotive manufacturing.
Special 301 Report: Chapter V. Inventive Step & 3(d) – Comprehending Apprehension or Apprehending Comprehension?
This post critically examines whether Section 3d serves as an extension of the inventive step analysis or as a separate requirement under Indian patent law. It discusses the…
Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?
The Delhi High Court recently ruled that applicants cannot later refute their own submissions made during trademark prosecution. The judgment underscores the significance of consistent representations, especially concerning…