The Infamous Defense of Inequitable Conduct

What is Inequitable Conduct? Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. […]

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Understanding Assignment of Copyright

Copyright is a bundle of rights and can be exploited in several ways independently from each other. Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights […]

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Understanding Compulsory Licensing and Access to Essentials

The domain of Intellectual Property Rights (IPRs), especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders. Such extension of rights has given […]

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Saving your Mark from Trademark Genericide

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. How have then they become generic terms? In the Trademark Law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark becomes the generic word for the product or […]

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