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 standards, key cases, and the doctrine’s practical limitations.
Read more about Understanding the Doctrine of Foreign Equivalents – Part 1Category: Intellectual Property
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 on application types, filing priorities, and statutory conditions.
Read more about Elucidating the Patent Process – Part 1Grounds 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 prohibitions in trademark law.
Read more about Grounds for Refusal of Trademark Registration – Part IIWell 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 law and evidentiary standards required to demonstrate such reputation in Indian trademark law.
Read more about Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of PublicHow 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 and relevant case law, emphasising the need for jurisdiction-specific evidence.
Read more about How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999Reversion 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 now govern both assignments and licenses, ensuring statutory safeguards for authors and clarity for assignees.
Read more about Reversion of Assignments & Licenses – Part III: Notes on Copyright Amendment, 2012Assignment & 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 of these changes for all parties involved.
Read more about Assignment & Royalty – Part II: Notes on Copyright Amendment, 2012Ideas, 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 of confidence. It offers an objective analysis of the legal tools and practical challenges involved in securing rights over intangible concepts.
Read more about Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part IISelden’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 the historical and legal dimensions of the Selden patent case and its influence on patent law and industry practices.
Read more about Selden’s Patent – A Historical Patent for the Automobile IndustryInvention 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.
Read more about Invention that Added Flexibility to Our Lives, Literally!