This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.
Read more about Evidence Required to Determine Well Knownness of a Trademark – Part IIITesla’s Open Source Patent Saga
Tesla’s open source patent move sparks debate on its true motivations and long-term impact. This article examines the environmental, business, and strategic angles behind Elon Musk’s decision, providing an objective analysis of its implications for the automotive industry.
Read more about Tesla’s Open Source Patent SagaPanacea of the People for More than Two Centuries
This post analyses the rise and regulation of patent medicines, trademarked drug compounds popular in the 18th and 19th centuries. It examines their societal impact, the dangers they posed, and the subsequent legal reforms that shaped modern pharmaceutical regulation.
Read more about Panacea of the People for More than Two CenturiesExclusive Marketing Rights and Stronger Patent Regime
This post examines India’s transition to a TRIPS-compliant patent regime, focusing on Exclusive Marketing Rights and the Mailbox Provision. It outlines legislative changes that facilitated the shift from process to product patents and clarifies the distinct role of EMRs during this period.
Read more about Exclusive Marketing Rights and Stronger Patent RegimeChapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?
This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.
Read more about Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?Too much Success is Not Always Good: A Look at Genericization of Trademarks
The article explores how excessive success of a trademark can lead to its genericization, undermining its legal protection. It analyses Indian and international legal frameworks and provides notable examples to illustrate the risks for brand owners.
Read more about Too much Success is Not Always Good: A Look at Genericization of TrademarksMUCOSOLVIN confusingly similar to MUCOSOLVAN
The Delhi High Court addressed the trademark dispute between MUCOSOLVIN and MUCOSOLVAN, focusing on their deceptive similarity and consumer confusion. The judgment provides key insights into trademark protection in the pharmaceutical sector.
Read more about MUCOSOLVIN confusingly similar to MUCOSOLVANConclusion post: Ideas, Concepts, Scripts & Stories – Protecting Ideas…
This post concludes the series on protecting creative concepts in India’s entertainment industry. It examines key legal cases affirming that breaches of confidentiality in sharing ideas are actionable under Indian law.
Read more about Conclusion post: Ideas, Concepts, Scripts & Stories – Protecting Ideas…Madrid Protocol- International Trademark Filing Becomes Easier
India’s membership in the Madrid Protocol simplifies and reduces the cost of international trademark filings. The Protocol provides Indian applicants with a unified process to secure trademark protection in multiple jurisdictions.
Read more about Madrid Protocol- International Trademark Filing Becomes EasierIndian IP Laws to Protect Traditional Culture and Folklore
This post examines the complexities of using Indian IP laws to protect traditional culture and folklore. It offers a structured legal analysis of policy options and the balance between preservation and creativity, highlighting the roles of both IP and non-IP frameworks.
Read more about Indian IP Laws to Protect Traditional Culture and Folklore