Intellectual Property: Facts and Law

  • Anton Piller orders - Anton Piller orders is Order Other than the extensive police powers under the Copyright Act, plaintiffs have various civil powers to enforce their right. Copyright owners and associations can employ civil procedure […]
  • Arrangement de La Haye concernant le dépôt international des dessins et modèles industriels-1925 - The Hague Agreement Concerning the International Deposit of Industrial Designs (1925)
  • Arreglo de La Haya relativo al depósito internacional de dibujos y modelos industriales Acta de La Haya del 28 de noviembre de 1960 - Hague Agreement Concerning the International Registration of Industrial Designs The Hague Act (1960)
  • Berne Convention for the protection of literary and artistic works 1996 - Copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such. Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expression
  • Deed of Assignment of Patent by Jagadish Ch Bose 1904 -   No. 755,840. Patented March 29, 1904. United States Patent Office.
  • Difference between a generic biological product and a biosimilar - Biosimilars, on the other hand, are considered to be highly similar (not same) to the reference (innovator) product but has allowable differences in the composition etc. The biosimilars, however, do not have clinically significant differences in terms of safety, and potency from the reference product.
  • Emergence of Anti-Counterfeiting Trade Agreement (ACTA) - The Anti-Counterfeiting Trade Agreement (ACTA) is a groundbreaking initiative by key trading partners to strengthen the international legal framework for effectively combating global proliferation of commercial-scale counterfeiting and piracy.
  • GLOBAL INNOVATION INDEX [GII] - Jointly Published by Cornell University, INSEAD, and the World Intellectual Property Organization, in partnership. The Global Innovation Index provides detailed metrics about the innovation performance of 126 countries and economies around the world. Its 80 […]
  • How to decide whether one trademark is deceptively similar to another in passing off case. - the defendants’ wrapper is deceptively similar to the plaintiffs’ which was registered.
  • How to file a patent application in India - Every application for a patent shall be for one invention only and shall Section 7, be filed in Form-1 at an appropriate office along with First provisional/complete specification (in Form 2), accompanied with the Schedule prescribed fee as given in the First Schedule.
  • In deciding the question of similarity between two marks, the marks have to be considered as a whole for Trademark Infringement - Dissimilarity in essential features in devices and composite marks more important than some similarity
  • India’s innovation profile - India has high scores in all 7 GII areas – Institutions, Human Capital and Research, Infrastructure, Market Sophistication, Business Sophistication, Knowledge and Technology Outputs, and Creative Outputs, in which it scores above the average of the lower-middleincome group.
  • Intellectual Property Appellate Board - Under Ministry of Commerce and Industry Intellectual Property Appellate Board has been constituted by a Gazette notification of the Central Government in the Ministry of Commerce and Industry on 15th September 2003 […]
  • Intellectual property of copyright in case of derivative work prepared from sources in the public domain - In order to claim right in the derivative work containing the original material, the plaintiff is to show adaptation, abridgement, arrangement, dramatization or translation in his work entitling him to have certain rights. In order to qualify for independent right in derivative of collective work, the additional matter injected in a prior work on the matter of rearranging or otherwise transforming a prior work must constitute more than the minimal contribution which can be ascertained only if the prior work and the work done by the plaintiff is produced. In Eastern Book Company and Others Vs. D.B. Modak and Others and Mr. Navin J. Desai and Another, it was held that the copyright can be claimed in derivative work only in the following manner
  • Intellectual Property Laws in India - Intellectual Property Laws at a Glance Cyber Laws Media & Entertainment Laws Website Policy and Guidelines Telecommunication and Broadcasting Media Law -2
  • International Trademark Conventions - International conventions Paris Convention Berne Convention Madrid Protocol Nice Agreement Patent Cooperation Treaty Budapest Treaty WIPO Copyright Treaty WIPO Performances and Phonograms Treaty International Convention for the Protection of New Varieties of […]
  • Judicial Opinions, Statutes and Government Rules-Regulations are not Copyright Protected in United state of America [USA] - Wheaton vs Peter, 33 U.S, 991, 668 [1834] was the first copyright case in the United States till held good law and continuing as quoted in the recent decisions. Case Title Citation […]
  • M/s IMA­PG India Pvt Ltd. vs Accupack and ors [BHC] – 13/06/2019 - Trade Mark- Passing off Action-It is settled law as noted earlier that plaintiff who alleges passing off must first establish that the public has grown accustomed to associate a particular product with that of plaintiff as the manufacturer or dealer in that product. There has to be an element of exclusivity attached to that product.
  • OBJECTIVE SAMPLE QUESTIONS(MCQs) ON Trade Marks Act 1999-1st Set - A legal practitioner or a registered trade mark agent or a person in the sole and regular employment of the principal can sign on behalf of a person making an application, notice or request u/s 145.
  • Paris Convention for the Protection of Industrial Property - Convention of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, […]
  • Patent Cooperation Treaty (PCT) - The PCT is an international treaty with more than 153 Contracting States. The PCT procedure includes: Filing -International Search-International Preliminary Examination (optional) –National Phase The Contracting States, Desiring to make a contribution to […]
  • Patent Law Treaty 2000 - The provisions of this Treaty and the Regulations shall apply to national and regional patents for invention, and to national and regional patents of addition, which have been granted with effect for a Contracting Party.
  • Protecting the Intellectual Property Rights - Intellectual Property Rights Illegally Downloading Music Open Source Software Licences Passing Off Claiming Royalties Art Work Self Publishing Versus Publishing House Copyright Copyright The Basics Copyright Infringement Remedies for Copyright Infringement Who […]
  • Registered patent agent in India - only a person registered as a patent agent is authorized to practice. In the case of a partnership, the firm may be described or held out as Patent Agent, only if all of the partners of the Firm are registered as patent agents. No company or other body corporate shall practice, describe itself or hold itself out as Patent Agents or permit itself to be so described or held out.
  • Registration of Assignments/Transfer of Right of Patent in India - An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall be valid only if the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and has been duly executed.
  • Role Of Indian Judiciary In IPR Development And Adjudication - The principal function of Judiciary is to provide legal remedies against infringement of personal and property rights of persons.  Intellectual property is inchoate property when manifested in a legally recognizable way. Property right was, till […]
  • The Copyright and Rights in Databases Regulations 1997 - In relation to database right, the Directive provides a right for the maker of a database in which there has been a substantial investment in the obtaining, verification or presentation of the contents of the database to prevent extraction and/or re-utilisation of the whole or a substantial part of the contents of the database.
  • The Copyright Rules, 2013 - Published vide Notification No. G.S.R. 172(E), dated 14th March, 2013 Ministry of Human Resource Development (Department of Higher Education) G.S.R. 172(E). – In exercise of the powers conferred by Section 78 the Copyright […]
  • The Digital Millennium Copyright Act [USA] - The Digital Millennium Copyright Act is most relevant to cyber-piracy law in United States. Under the DMCA, which is essentially an update of the existing copyright law, several computer and web-related copyright […]
  • Trademark-related treaties administered by WIPO - World intellectual property organisation administered and manages the following treaties:- Paris Convention Madrid Agreement (Marks) Madrid Protocol Nice Agreement Vienna Agreement Singapore Treaty Trademark Law Treaty Nairobi Treaty WIPO or World intellectual […]
  • Traditional Knowledge Digital Library [Govt of India] - Traditional Knowledge Digital Library  The Traditional Knowledge Digital Library (TKDL) was established in the year 2001.  The Traditional Knowledge Digital Library (TKDL) is a collaborative project between the Council of Scientific […]
  • WIPO Performances and Phonograms Treaty – Geneva (1996) - "broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission by satellite is also "broadcasting"; transmission of encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organisation or with its consent;
  • 工业品外观设计国际保存海牙协定 1960 - Industrial Designs Hague Agreement Concerning the International Deposit 28 November 1960 Hague Protocol

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