Intellepedia | Page 288 of 291

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 prohibitions in trademark law.

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 law and evidentiary standards required to demonstrate such reputation in Indian trademark law.

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 and relevant case law, emphasising the need for jurisdiction-specific evidence.

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 now govern both assignments and licenses, ensuring statutory safeguards for authors and clarity for assignees.

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 of these changes for all parties involved.

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 of confidence. It offers an objective analysis of the legal tools and practical challenges involved in securing rights over intangible concepts.

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 the historical and legal dimensions of the Selden patent case and its influence on patent law and industry practices.

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 legal and judicial perspectives on TRIPs compliance and the nuanced challenges in pharmaceutical patentability.

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 generic terms in trademark disputes within the news industry.