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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Focus Keyword- Appellate Board Additional Keywords- Section 83, the establishment of the appellate board, Section 84, the composition of the appellate board ESTABLISHMENT OF THE…
View More Establishment and Composition of Appellate Board under the Indian Trademarks Act
FACTS The appellant and the respondent are pharmaceutical companies who have launched medicinal products named Falcitab and Falcigo respectively and registered it in the year…
View More Cadila Healthcare Limited Vs Cadila Pharmaceuticals Limited, 26th March 2001
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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Focus keyword- Trademark Registration Additional Keyword- Section 18, duration of registration, opposition to registration The Trade Marks Act, 1999 and the Trade Marks Rule, 2015…
View More Procedure for registration of a trademark in India?
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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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.
View More PATEL FIELD-MARSHAL AGENCIES v/s P.M.DIESELS LTD.
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.
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Invention is something that has never been made before or the process of creating something that has never been made before.
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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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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.
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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.
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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 patent 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.
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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.
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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…
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