A FOND ADIEU TO THE INTELLECTUAL PROPERTY APPELLATE BOARD (IPAB)

Behind the establishment of the IPAB The Intellectual Property Appellate Board (hereinafter, the IPAB) was brought into being through a gazetted notification of the Central Government by the Ministry of Commerce and Industry on 15th September 2003 to hear appeals against the decisions of the Registrar under the IPR laws, namely, The Trade Marks Act, […]

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Moral Rights under Copyright Law

The Concept of Moral Rights Copyright is a bundle of rights that is primarily an economic right. What happens after you have assigned, either wholly or partially, the copyright in your work to someone else? Does that mean you have lost all your rights in the work that you have created or still have some […]

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Uncovering the Realm of Selection Inventions

What are Selection Inventions? The rationale behind granting monopolistic and exclusive rights over a particular invention is to reward and accredit the inventor for inventing a novel invention that is susceptible to industrial application and is not obvious to the existent state of the art. These rights are, therefore, given instead of the disclosure made […]

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The Best Mode of Software Protection – Copyright or Patent?

Historically, Intellectual Property (IP) laws have influenced the success of the software industry by giving software developers a statutory mechanism from which they can earn at least some of their innovation’s market value. Until now, the software industry has been dependent upon distinct IP protection regimes: copyright and Patent Law. The scope of protection offered […]

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Exhaustion of Intellectual Property Rights and Fair Competition

Where did Exhaustion of Rights Come from? The idea of enforcing a uniform regime with minimum standards of Intellectual Property Rights (IPRs) was to ensure that such rights do not act as a hurdle in the furtherance of international trade. It is for this reason that when the World Trade Organization (WTO) was formed and […]

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Can you Play Copyrighted Music in Restaurants?

When we visit a restaurant or cafe, listening to music adds to the overall ambiance and experience. However, have you ever wondered whether the owners of restaurants require permission to play those songs at their premises? The answer is yes. This is because most songs are subject to Copyright Protection. Playing a song at a […]

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Considering Intellectual Property (IP) Due Diligence in M&A

Intellectual Property (IP) counts as one of the most crucial elements when it comes to perusing a merger and acquisition activity. Whether directly or indirectly, a company’s brand value is built and maintained, attributing to the strength of its innovation portfolio, which can be utilized strategically to extract optimum commercial benefits and eventually a worldly […]

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How to Obtain a Well-Known Trademark Status in India

A regime for the protection of well-known marks was first introduced by the Paris Convention in Article 6bis, which provides that: “The countries of the Union undertake, ex officio if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration, and to prohibit the use, of a trademark […]

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Cybersquatting of Domain Names

The internet boom had reverberating outcomes of which the expansion of Trademark Law was one. Consumerism and commercial activities over the internet brought with it the challenge of Domain Name disputes because of dilution and infringing acts. Although the issues exist within the realm of trademarks, they still need a thorough reading in the light […]

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Design (Amendment) Rules, 2021: A Welcoming Change

Following the power vested in the Central Government under Section 47 of the Designs Act, 2000, a new set of rules have been promulgated to carry out the provisions of this Act in consonance with the established international norms accustomed to meet the challenges of the Indian subcontinent. The enforcement of this Amendment was envisioned […]

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