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Legal Requirements to keep a registered patent alive in India

A patent grant gives a patentee the exclusive right to make or use the patented article or the patented process. A patentee can prevent all others from making or using the patented article/process until the patent expires i.e. for 20 years from the date of filing in India. The patentee also has the right to assign the patent, grant licenses under, or otherwise deal with it for any consideration.

Implications of the AstraZeneca V Apotex decision rejecting “Promising Utility” doctrine in Patent Jurisprudence

Over the past years, the “Promise Doctrine” as applied in Canada has attracted attention worldwide, mainly due to the criticism it has received accusing it of hardening the task of inventors to obtain patent registrations for their inventions in Canada.

The promise doctrine is applied as an essential precondition requirement required to be fulfilled along with other standard requirements for patentability in order to obtain a patent registration in Canada.

Taj Mahal Palace – A benchmark in Image Trademark in India

Taj Mahal Hotel Trademarked

Recently the iconic Taj Mahal Palace hotel in Mumbai has acquired an ‘Image Trademark’ under the Trade Mark Act 1999 for its architectural design. This is the first ever building in the country which got an intellectual property rights protection under the Image trademark. The move was motivated to protect the distinctiveness of the building’s legendary image & structure.

3D PRINTING: IS COPYRIGHT LAW READY?

3D Printer

3D printing concept is the biggest and the most technologically advanced development made in the present century. Today, we cannot say that the 3D printing technology is new to us but its real life applicability is unimaginable with far reaching implication. Technology is best if regulated by law because it may be both a bane and a boon for the society.

Overall Impression to be taken into Account to Ascertain Similarity between Trademarks

Trademark Registration in India

The Bombay High Court in a recent Judgment (Rahul Uttamsuryavanshi versus Sunil Kasliwal, MANU/MH/1951/2016) reaffirmed the importance of taking into consideration the overall image or impression conveyed by a trademark in an issue concerning the inquiry with regard to infringement of a trademark. The same suggests Law Firms offering Registration of Trademark Services in India and Trademark Litigation Services in India to be cautious of initiating frivolous litigation or registration processes.

Liability of Online Intermediaries viz-a-viz Copyright Infringement

What is Copyright?

World Intellectual Property defines copyright as, “copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered under copyright range from books, music, paintings, sculptures and films, to computer programs, databases, advertisements, maps, and technical drawing”.