doctrine of colourable legislation: Shrishti Natani Lawcirca

Everything you need to know about the Doctrine of Colourable Legislation

INTRODUCTION The doctrine of Colorable Legislation means where the constitution of a State distributes the constitutional realms defined by specific legislative entries, or where there…

View More Everything you need to know about the Doctrine of Colourable Legislation
Register of Patents

Register of Patents

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.

View More Register of Patents
Patent Opposition System in India

Patent Opposition System in India

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.

View More Patent Opposition System in India
Diplomatic Agent and its immunities and privileges

Diplomatic Agent and its immunities and privileges

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.

View More Diplomatic Agent and its immunities and privileges
Amendment of Patent Applications and specifications

Amendment of Patent Applications and specifications

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.

View More Amendment of Patent Applications and specifications
What Trademarks are registrable in India?

What Trademarks are registrable 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.

View More What Trademarks are registrable in India?