Determination of Equivalents in a Patent Application

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application. In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized […]

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Trade Secrets over Patents? What is the Right Choice for You?

When we talk about safeguarding some specific piece of information that adds to the commercial value of the goods, two obvious options come to our minds. The first is trade secrets, and the second is patents. The choice between the two options widely depends on the type of enterprise, the nature of operations undertaken by […]

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The Interplay of Big Data and Intellectual Property Rights

What is Big Data? Big data is a relatively new concept that has created a greater conundrum in the realm of Intellectual Property (IP) laws. Big data refers to the large and diverse sets of information that can grow at an ever-increasing rate. Such collection of massive structured, unstructured, and multi-structured data is due to […]

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Intellectual Property Theft: A Menace

With the advancement of technology and the overreaching effect of cyberspace, cyber crimes have also witnessed a surge. Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., by using the internet and computers as a medium. Copyright and trade secrets like software, secret formula/recipes, […]

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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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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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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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