ROLE OF INTELLECTUAL PROPERTY RIGHTS IN MEDIA AND ENTERTAINMENT INDUSTRY

MEANING OF INTELLECTUAL PROPERTY Intellectual property rights are an exclusive right given to the creator over the use of his/her creation. Intellectual property rights are associated with intangible assets owned by a person or company and protected against use without consent. Intellectual property can consist of Patents, Industrial design, Logos, Trademarks, Business or trade names,... Continue Reading →

Unconventional trademarks: protecting sound branding in India

Trademark is a type of intellectual property which recognizes a distinguishable mark, sign, design etc. which gives a unique identity to any product or service. A trademark may be owned by an individual or a business entity. This article is in reference to business owned trademarks. The marketplace competition is fierce and ever present and... Continue Reading →

Copyrights

Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings. Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of... Continue Reading →

Fair Dealing

Intellectual Property Rights play an important part in development of a country’s economy, as it protects the rights of inventors and creators. patents, copyright, trademark, geographical indications and so on, are rights available in India. Original work of the inventor or creator is protected under this law basically. The copyright Act, 1957 was created to... Continue Reading →

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property is a generic term that defines intangible assets that are owned by individual person or company contributing to the national as well the state economies. Throughout our economy, thousands of companies rely on adequate protection of their patents, trademarks, and copyrights, while customers make use of IP to ensure that they purchase secure,... Continue Reading →

DIFFERENCE BETWEEN INTELLECTUAL PROPERTY AND INTELLECTUAL PROPERTY RIGHTS

What is Intellectual Property? 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.[1] IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the... Continue Reading →

The Global Significance of India’s Pharmaceutical Patent Laws

Patents are one of the major forms of Intellectual Property Rights (IPRs) used in the pharmaceutical industry. Significant changes to India’s patent system occurred after India signed the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995. India being a signatory of the TRIPS agreement was under a contractual obligation to amend its Patents... Continue Reading →

CASE ANALYSIS ON Novartis vs union of India and ors

BACKGROUND Novartis AG was the largest Swiss multinational pharmaceutical company in the world. Novartis challenged the dismissal of its patent application by the Intellectual Property Appellate Board (IPAB) which was an anti-cancer medication marketed under the names “Gleevec” or “Glivec”, developed from the “Beta Crystalline”. The company claimed that the life-saving drug would reach both developing and developed nations.... Continue Reading →

IPR-Burden of Proof

Intellectual property is a product of human intellect and the rights granted on it allow its owner to benefit from the fruits of this intellectual endeavour by creating a monopoly over it. Such a benefit is not always a natural right but requires recognition by a statute. The burden of proof is defined in section... Continue Reading →

ILLEGAL STREAMING OF SPORTS

As we all know, India is a big fan of sports. There is major events and parties and for that matter even restaurants stream these sports during their live match seasons. Before understanding what is illegal streaming of sports, let us first under what are the basic aspects of the above subject. What is streaming?... Continue Reading →

RELATION BETWEEN COMPETITION LAW and IPR

Both IPR and Competition law are interdependent and connected. The Competition Act, 2002 was enacted for the establishment of Competition Commission of India(CCI) so that it can prevent the practice of having an adverse effect on competition, to promote and sustain competition in markets and to protect the interest of consumers so as to ensure... Continue Reading →

IPR-Publication of Application

The date of distribution of a patent application is of importance. The explanation being ones benefits just as rights start from the date of distribution. Albeit one can't found any encroachment procedures till the patent is allowed.Normally a patent application is distributed in the Official Patent Office Journal after the pass of year and a... Continue Reading →

HOW ARE FASHION DESIGNERS AND EVERYTHING FASHION PROTECTED UNDER IPR?

Our favorite Bollywood and Hollywood celebrities are always flaunting different apparels and ethnic from the biggest designer houses of the world. At one point or another we all felt like having one of those pieces. We all have come across the dupes of these designer outfits at way cheaper prices than they are originally sold... Continue Reading →

WHEN FASHION MET LAW

In the case of H&M; Hennes & Mauritz Ab &Anr v. HM Megabrands Pvt. Ltd. &Ors is based on the point of having a similar trademark to that of another brand. The Swedish company had become popular and successful, especially with the young girls. The Plaintiff, in this case had a well-known trademark, and would... Continue Reading →

Section 37 of the Copyright Act, 1957

Section 37 of the Copyright Act, 1957 deals with broadcasting reproduction rights. Every broadcasting organization, shall have a special right known as, “Broadcasting Reproduction Right” in respects of its broadcasts. This right will subsist for 25 years from the year of the broadcast. During the period, if any person does the following acts without the... Continue Reading →

Food and Trademark

We all have taken a snap of those delicious dishes and lip-smacking snacks. In the world of Snapchat and Instagram where even food becomes a model, looking absolutely delicious and hard to resist. With all the e-commerce websites and various online platforms, we can try so many varieties and range of products. Food industry is... Continue Reading →

HOW IS SMELL GIVEN TRADEMARK?

Trademarks in India are governed by Trademarks Act, 1999. As per S. 2(1) (zb) of the Trade Marks Act, 1999 defines trade mark as 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 shape of goods, their... Continue Reading →

Universal Origin of Intellectual Property Laws

The IP laws may seem as to be modern day laws which came up due to this new era of development and globalization, but in reality the origin of IP laws can be traced back to 600BC during the time of Ancient Greece. Here we discuss the origin and history of copyright, patent and trademarks.... Continue Reading →

Green Intellectual Property Rights – A plathora of safeguarding modern technology

Introduction Immature technology is an umbrella period that describes the help of technology and science to initiate food and army that are environmentally friendly. Green-tech is interconnected to cleantech, which particularly refers to harvest or armed forces that advance operational feat bit as well dipping costs, energy consumption, waste, or harmful belongings on the environment.... Continue Reading →

TRADE SECRET

All of us are familiar with Coca-Cola but the process to make it or its ingredients, are a Trade Secret. A similar amount of secrecy is maintained for ingredients of K.F.C. Any information which provides that company or business or enterprise with a competitive edge over the other is considered to be trade secret. Trade... Continue Reading →

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