Register of Patents
Law articles Intellectual Propoerty Laws Patents

Register of Patents

Abhinav Shukla 1st October 2020 No Comments

Register of patent contains all the updated information regarding a patent that is granted. It serves as a database and prima facia evidence for every proceeding instigated under the Indian Patent’s Act before the Controller or the Appellate Board. When there is any change in the title, interest, or information contained in the patent, the patentee or the title owner is under the obligation to intimate it to the controller so that he can make the necessary changes in the register.

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Patent Opposition System in India
Law articles Intellectual Propoerty Laws Patents

Patent Opposition System in India

Abhinav Shukla 1st October 2020 No Comments

Patent guarantees exclusion right or rather monopoly over a product or process. This is granted when someone justifies the exclusive right and complies with the patentability criteria. The opposition system in India under the Indian Patents Acts exists to restrain people from wrongfully obtaining patents and to avoid frivolous or petty innovations.

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Diplomatic Agent and its immunities and privileges
Law articles International Law

Diplomatic Agent and its immunities and privileges

Abhinav Shukla 1st October 2020 No Comments

According to Art. 1 of the Vienna Convention on Diplomatic relations, a diplomatic agent is a person acting in pursuance of a duty bestowed upon him by the sending state. He may be the head of the mission or the part of the diplomatic staff accompanying the head of the mission. The two most important terminologies accompanying the definition of diplomatic agents are the sending state and the receiving state. So, the nationality of the diplomatic agent is construed to be the sending state whereas the state into which such a diplomatic agent is sent with a purpose is considered as the receiving state.

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Amendment of Patent Applications and specifications
Law articles Intellectual Propoerty Laws Patents

Amendment of Patent Applications and specifications

Abhinav Shukla 1st October 2020 No Comments

Under sec 57 of the Indian Patents Act, the controller may amend the application for patent or the complete specification or any document relating thereto to be amended subject upon an application made by the applicant or patentee under this section. Thus, a controller cannot suo moto amend the above mentioned and that the power of the controller to correct the clerical error under sec 78 does not empower him to make amendments.[1] Also, the application for amendment can be made both before the granting of patent and after granting of a patent. But, the power of the controller to make amendments under this section is subject to one important condition that he cannot pass any order allowing or rejecting the application for an amendment if any suit regarding the infringement of trademark or a proceeding for revoking a patent is pending before the High Court.

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What Trademarks are registrable in India?
Law articles Intellectual Propoerty Laws Trademark

What Trademarks are registrable in India?

Abhinav Shukla 24th August 2020 No Comments

A Trademark is a form of Intellectual Property which distinguishes a good or service. It may consist of a sign, symbol, shape, colour, name or any other unique and distinct identification mark that would make a good or service easily differentiable from other commodities. A Trademark provides legal protection from infringement and prevents others from copying the same or creating deceptively similar marks. Trademarks can be owned by an individual, a business organisation or any other legal entity.

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PATEL FIELD-MARSHAL AGENCIES v/s P.M.DIESELS LTD.
Law articles Case comments Intellectual Propoerty Laws Trademark

PATEL FIELD-MARSHAL AGENCIES v/s P.M.DIESELS LTD.

Abhinav Shukla 24th August 2020 No Comments

his suit was filed by Patel Field Marshal Agencies against the company, P.M. Diesels Ltd. before the Supreme Court. The respondent company owned 3 registered trademarks, the common highlight of which was the phrase “Field Marshals”. The company filed a petition in the Delhi High Court against the appellant company with the claim that they had infringed the trademark and that they had rendered accounts of profits for the mark “Marshal”. In the same suit, they had claimed a permanent injunction to prevent the use of the marks “Patel Field Marshal Agencies” and “Patel Field Marshal Industries” by the appellant company.

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NRC: A RAY OF HOPE OR DESPAIR
Law articles Opinion

NRC: A RAY OF HOPE OR DESPAIR

Abhinav Shukla 13th August 2020 No Comments

The NRC process was being undertaken by the Supreme Court directly under its supervision, which makes the process entirely trustworthy. But despite being under direct supervision, the Government has developed a means to bypass the main objective of NRC. The Government has amended the Citizenship Act,1955, which tends to provide citizenship to people of minority groups suffering in different countries.

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Analyzing the Epidemic Diseases and Disaster Management Act- India’s Exiguous Response Riders
Law articles Opinion

Analyzing the Epidemic Diseases and Disaster Management Act- India’s Exiguous Response Riders

Abhinav Shukla 13th August 2020 No Comments

The Indian government is fighting the spread of the Coronavirus with primarily two legislative acts- the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. The country’s following a two-pronged approach where the containment procedures are carried on under the provisions of the Diseases act, while the Disaster Management Act covers most of the nation’s administrative setup; one act complementing the other. Though the acts in conjunction have somewhat proven beneficial for the state, they still fail to address the realities of the diseases’ spread in the modern world and lack comprehensive frameworks to respond to the outbreak.

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Impact of COVID-19 on Lease Agreement
Law articles Real Estate Laws

Impact of COVID-19 on Lease Agreement

Abhinav Shukla 4th August 2020 No Comments

The present situation of lockdown and COVID-19 has resulted in a crash of interests of the lessors and the lessees. The liaison between both the parties are well defined under a lease agreement, but such agreements and contracts are also governed by the various other laws such as the Indian Contracts Act. However, such a relationship is jeopardized by the unusual turn of events which are presently prevailing across the nation.

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What is falsely applying of trademarks and its penalties?
Law articles Intellectual Propoerty Laws Trademark

What is falsely applying of trademarks and its penalties?

Abhinav Shukla 1st August 2020 No Comments

According to the Trademark Act 1999, Section 2 (1) (zb) ” trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods their packaging and combination of colours.”

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Madrid Agreement for International Registration of Trademarks
Law articles Intellectual Propoerty Laws Trademark

Madrid Agreement for International Registration of Trademarks

Abhinav Shukla 1st August 2020 No Comments

The Madrid System popularly and officially known as Madrid System for the international registration of marks is a system which is centrally administered by the World Intellectual Property Organization (WIPO).

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