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.
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.
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
the defendants’ wrapper is deceptively similar to the plaintiffs’ which was registered.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Intellectual Property Laws at a Glance Cyber Laws Media & Entertainment Laws Website Policy and Guidelines Telecommunication and Broadcasting Media Law -2
Review of Climate of India during 2020 - The annual mean land surface air temperature averaged over India during 2020 was above normal. During the year, annual mean land surface air temperature averaged over the country was+0.290C above normal (based on the data of 1981-2010). The year 2020 was the eighth warmest year on record since nation-wide records commenced in 1901.
Catholic priest Thomas Kottoor and nun Sephy held guilty of murdering sister Abhaya by CBI Court - The body of the 19-year-old Catholic nun -- Sister Abhaya -- was found in a well inside the St Pius X convent in the Kottayam district of Kerala on March 27, 1992. In 2008, the Central Bureau of Investigation (CBI) had recorded the arrests of two Catholic priests father Thomas Kottoor and father Jose Puthrukkayil, and a nun Sr Sephy.
President of Nepal dissolved the parliament-declared fresh election on April - On Sunday, December 20, the President of Nepal Bidya Devi Bhandari has approved the recommendation of the Council of Ministers under Article 76 (1) and (7) and Article 85 of the constitution of Nepal and dissolved the Parliament. A statement issued by president declared fresh elections to be held in two rounds on April 30 and on May 10.
Zionism is compatible with the Teachings of Judaism-1942 - WE, THE UNDERSIGNED RABBIS of all elements in American Jewish religious life, have noted with concern a statement by ninety of our colleagues in which they repudiate Zionism on the ground that it is inconsistent with Jewish religious and moral doctrine. This statement misrepresents Zionism and misinterprets historic Jewish religious teaching, and we should be derelict in our duty if we did not correct the misapprehensions which it is likely to foster.
Bill of Rights 1689 - Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following
Constitution of the United States of America [Original version-1789] - We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
