Taxation of Intellectual Property: A Comparative Note

Today, companies are increasingly placing a huge amount of enterprise value on Intellectual Property (IP). In a few instances, the value attributed to IP assets by companies is greater than the entire net worth of the corporation itself. In the modern world, things such as overseas inter-company transactions of IP, franchising models, licensing, mergers, and […]

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Can Intellectual Property Rights Safeguard Your Blog?

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. A blog may contain an amalgamation of such rights since blogs do not merely […]

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Geographical Indications for Food Products

What are Geographical Indications? Geographical indications (GIs) are place names used to identify products that come from these regions and protect the quality and reputation of a distinctive product originating in a certain region. GI tagging is attributed in such a manner that quality, reputation, and other salient features of the commodity are linked to […]

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Patent Assertion Entities: A Boon or a Bane?

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition. It is what gets in easy money and […]

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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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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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