Archive for 2022

In the first half of 2021, as India was battling a fierce second wave of Coronavirus infections, many pharmaceutical companies released new products to treat the symptoms and health problems caused by the virus. In the middle of the ravaging pandemic, a dispute arose between two pharmaceutical giants on an alleged trademark infringement, which pitted […]

INTELLECTUAL PROPERTYIntellectual property is basically creation of mind; it generally pertains to the original creation of human intellect such as literary works, artistic works, inventions, designs, symbols etc. The intellectual property rights relating to literary, artistic, and scientific works, performances of performing artists, phonograms, and broadcasts, inventions in all fields of human endeavor, scientific discoveries, […]

The present appeal challenges the order passed by Patiala House Courts, Delhi in the suit titled Vishal Pipes Limited v. Bhavya Pipe Industry. The said suit seeks to protect the mark “VPL INDIA” against Defendant’s mark “BPI”. The plaintiff asked ex parte order of injunction which was refused by Ld. ADJ. Interestingly, the Court observed that […]

Stirring the Entrepreneurial Spirit of India – The Start-Up India Initiative Are you a young budding student/entrepreneur in India, dreaming of implementing a revolutionary idea to capture tomorrow’s technological market? If so, fear not ‘Start-up India’ is here to hold your hand. The ‘Start-Up India” initiative, came into being on 16th January, 2016 under the mentorship […]

Identity or representation of any legal entity is dependent on any of the gesture or mark or name with which it is associated and identified by the public at large. Trademark is one such identity of the legal entities more generally of businesses. The repute of any trademark is always under a threat by third […]

The issue of architectural work infringement entails a comprehension ofprotection of works when works are reproduced, distributed, performed,publicly shown, or transformed into a derivative work without the consent of the copyright owner.What really is an Architectural Work ?A building or structure with an artistic character or design, or any model for such a building or […]

The question whether the Copyright infringement is cognizable offence or not has been discussed in various Courts across the Country. The situation becomes interesting when apex court has answered the question. The recent decision in the case of Knit Pro International v.  State of NCT of Delhi & Anr has ignited a lot of sparks in IP […]

Through the IP Lens – An Introduction to PATENT LANDSCAPE ANALYSIS and its SIGNIFICANCE Patent Landscape Analysis – What is it? The vast and everchanging record of published patents and patent applications from patent databases the world over is a treasure mine for those invested in Intellectual Property ranging from universities, businesses, R & D […]

One of the oldest senses of our evolution is the sense of smell. Although for majority of the human olfaction plays a very important role for social and emotional part but can the same be used for identifying trade and commerce. As per Trips agreement “Any sign, or any combination of signs, capable of distinguishing […]

Broadcasting organizations, such as television and radio, have been grantedspecific ‘Rights of Broadcasting Organizations.’ In place of the originalsection 37 of the Act, the Copyright (Amendment) Act of 1994 included anew provision. Section 37 currently gives every broadcasting organization a distinct right toreproduce broadcasts called the “Broadcasting Reproduction Right.” The‘Broadcasting Reproduction Right’ is valid for […]