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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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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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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Intellectual Property in the FMCG Industry

Fast Moving Consumer Goods (FMCG) are those with a limited shelf life. This short durability is because of high consumer demand and because the very nature of the product suggests quick depletion. The term FMCG applies to almost every category of consumer goods, ranging from food and beverages to household cleaning products, medicines, cosmetics, clothing, […]

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Promoting Tourism through Intellectual Property Rights

Intellectual Property Rights (IPRs) heavily influence and enhance tourism and ancillary trade practices. Tourism is one of the most attractive avenues from the perspective of a country’s GDP and employment rate. IPRs are a very effective tool for creating an edge in the competitive tourism industry. When it comes to the tourism industry, the concept […]

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Can Tattoos be Copyrighted?

Although the law of copyright is a well-established field, there are a handful of innovative and new sub-categories that come up for consideration now and then before the legislature and judiciary. Due to an ever-changing, quickly developing society, new areas grow and become predominant enough to create unanticipated issues, which the law catches up with […]

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Is there a Nexus between Unfair Trade Practices and Trademark Law?

Before getting into a comprehensive analysis of how unfair competition is intertwined with trademarks, the question that needs to be asked is, what is unfair trade practice? Unfair trade practices refer to the use of various deceptive, fraudulent, or unethical methods to get business. Unfair trade practices include misrepresentation, false advertising of a good or […]

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