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.”View More What is falsely applying of trademarks and its penalties?
A patentee is a person who is entered in the register of patents as the grantee or proprietor of a patent for the time being. The person to whom the patent has been granted is known as Patentee. The Patentee is entitled to use the property or invention in the same manner as the owner of any movable property.View More Rights of patentees
Invention is something that has never been made before or the process of creating something that has never been made before.View More Secrecy provisions for certain inventions
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).View More Madrid Agreement for International Registration of Trademarks
Petitioner: Satyam Infoway Ltd. Respondent: Siffynet Solutions Pvt. Ltd. Facts of the case: Satyam Infoway was Incorporated in 1955 and it registered various domain names…View More Satyam Infoway Ltd. Vs Sifynet Solutions Pvt. Ltd., AIR 2004 SC 3540
To avoid this kind of practice, Law of Passing-Off was passed which is covered under Intellectual Property Rights in India. The law of passing off is provided under Section 134 1 (c) of Trademark Act 1999. (2) And Section 27 of the Trademark Act 1999 provides a common law remedy. It is a common-law tort which is used for unregistered trademark rights ( a trademark which has not been registered under trademark or patent office is known as an unregistered trademark).View More What is the difference between Passing off and Infringement of Trademark?
A patent is an exclusive right which is granted by the Government for an invention, for a limited time period. This exclusive right of a patentee allows him to prevent a third party from using, selling or claiming the invention for which patent has been granted, in an unauthorised and illegal manner, while the term of the patent subsists. An invention which was granted patent can be used freely by the public after the term of the patent has expired or has ceased to have an effect.View More Procedure for grant of patents in India
A patent agent is a person who is registered and authorized by law to practice before an Indian Patent Office and deal with patent applications. The expertise of a patent agent is used to protect intellectual property and prevent infringement. In order to become a patent agent, one has to qualify the Indian Patent Agent Exam conducted by the Department for Promotion of Industry and Internal Trade.View More Qualifications and rights of the patent agent in India
A patent is an exclusive right or title that is conferred to a person or an inventor by the government, for an invented or manufactured article, for a limited period, so as to prohibit others from using, exploiting or selling an invention. The World Intellectual Property Organization (WIPO) defines a patent as an “exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.View More What is a provisional application and its complete specifications?
Chapter XX of the Patents Act, 1970 lays down the provisions on penalties under the Patent law. Section 118 to Section 124 lays down the various parameters for imposing penalties for acts which are prohibited under the Patent law. The penalties envisaged under the Act are in the form of fines, imprisonment or both.View More Penalties and reliefs under the Patents Act
This international aspect of protecting inventions under the patent law has been introduced under Chapter XXII of the Patents Act, 1970 which deals with International Arrangements. The patent applications which are received under the aegis of the Paris Convention, 1883 and the Patent Cooperation Treaty (PCT), 1970 to which India is also a member are dealt with under the provisions of this chapter.View More International Arrangements under Patent Law
The Trade Marks Act, 1999 defines a “trademark” under Section 2(1)(zb). A trademark means “a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include the shape of goods, their packaging and combination of colours.”View More What are the grounds for refusal of registration of a trademark?
Introduction Compulsory licensing in the context of Patent laws are granted by countries to deal with monopolies acquired in Intellectual Property Rights. The compulsory license…View More Compulsory Licenses under the Patents Act
Facts In the instant case, both the Appellant and the Respondent were a Pharmaceutical company involved in the manufacturing of pharmaceutical products in various countries.…View More Milmet Oftho Industries & Ors vs Allergan Inc on 7 May 2004
The trademark law includes within its scope a separate category of marks known as collective marks. The World Intellectual Property Organization (WIPO) has defined these…View More Collective Marks under the Trademark Act
On 15 September 2003, the Central Government established an Appellate Board known as the Intellectual Property Appellate Board (IPAB) to hear and resolve appeals against…View More The functioning of the Intellectual Property Appellate Board
Focus Keyword- Examination of application Additional keywords- Section 12, Section 13, Search for anticipation Request and Examination of Patent Application After a patent application is…View More Examination of Patent Application
Surrender of Patents Section 63 of the Patents Act, 1970 allows a patentee to surrender a patent. The patentee can offer to surrender his patent…View More Surrender and revocation of Patents
Introduction The case of Novartis AG v. Union of India (Civil Appeal Nos. 2706-2716 of 2013), is the most distinguished judgment on the Patent rights…View More Novartis AG v. Union of India
Intellectual property rights are awarded to individuals over creative works: inventions, literature, writings, designs etc. These rights give the owner the right to protect the…View More 3D Printing of Organs and Patent Concerns in India