IPR Law

Trademark Exhaustion and Parallel Imports in the Digital Age: A Case Study of India

Abstract  This research paper aims to analyse the concept of trademark exhaustion and parallel imports in the digital age, focusing specifically on their implications within the context of India. With the rise of e-commerce and cross-border online sales, the traditional understanding of territorial trademark rights has been challenged. This paper examines the legal framework and …

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Acquired Distinctiveness Doctrine

Abstract The Acquired Distinctiveness doctrine, also known as Secondary Meaning, plays a pivotal role in trademark law by allowing descriptive or generic trademarks to be registered and protected as trademarks upon meeting certain criteria. This research paper delves into the concept of acquired distinctiveness, examining its significance in the context of trademark registration and protection. …

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Analysing The Theoreotical Framework Of IPR: Present Context

INTRODUCTION With the Intellectual Property (IP) field making rapid progression in recent times, the importance of protecting and safeguarding the assets associated with it has concurrently being felt throughout the industry. The assets of a company associated with it including the patents, trademarks, copyright, trade secrets has become extremely valuable and a major source of …

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Trade Secrets and Confidentiality Agreements: Protecting Business Secrets

Introduction Trade Secret A trade secret is any information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy. Trade secrets refer to confidential business information that provides a company with a competitive advantage and is kept secret from competitors. Unlike patents, trademarks, …

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Doctrine of Prior Use

A sign, logo, mark that can be used to differentiate the goods or services of one company from those of other companies is referred to as a Trademark. When an organization or business registers its trademark, under Trademarks Act 1999 in accordance with Section 28, it gains the exclusive right to prohibit any other business …

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Compulsory License under Patent’s Act 1970

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.[i]    The term “intellectual property rights” (IPR) alludes to the legal privileges granted to the inventor or creator to safeguard their work for a predetermined amount of time. These legal …

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Trade Dress – Understanding The Concept

Introduction Trade Dress refers to the external features of goods, such as packaging, form, and colour scheme that rivals may register or secure in order to distinguish their goods and services from those of other competitors. It helps customers recognise the merchandise and set it apart from competitors’ products. It also helps an uninformed customer distinguish …

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TRIPS AGREEMENT – Waiving Off: An Explicit Example.

Introduction The COVID-19 pandemic has had an effect on people and organizations all around the world. The pandemic is also having an effect on the security of established intellectual property rights (‘IPRs’) as well as IPRs that are being contemplated for protection. Although IPR holders are normally given immunity from third-party use of their intellectual …

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