The Role of Trademark in Cultural Appropriation

We have seen countless instances where massive public uproar emerged when brands have come up with merchandise that ‘borrowed’ elements from different cultures. WIPO defines ‘traditional cultural expressions’ as including “music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts, narratives, and many other artistic or cultural expressions.” The role of a […]

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STANDARD ESSENTIAL PATENTS AND THE PROBLEM OF REGULATING ROYALTIES

Interpreting the Term ‘SEP’ In the words of the World Trade Organization (WTO), Standard Essential Patents (SEPs) are defined as: “Document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which, compliance is not mandatory. It may also include […]

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Aligning Outer Space and IPRs – A Pressing Priority

“The exploration of space will go ahead, whether we join in it or not, and it is one of the great adventures of all time, and no nation which expects to be the leader of other nations can expect to stay behind in the race for space.” – John F. Kennedy The explorative and exploitative […]

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Celebrity Rights under Intellectual Property

Have you ever wondered whether a celebrity has rights over his or her name, personality, the image in society, photographs, and publicity? The answer is a definite yes. The term celebrity comes from the Latin word ‘celebritatem,’ which means the condition of being famous. Today, actors, authors, artists, politicians, models, athletes, musicians, singers, television personalities, […]

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A careful dissection of the Madrid System

It is appropriately established that the Madrid System is bifurcated into the Madrid Agreement (1891) and the Madrid Protocol (1989). It was a welcoming introduction in the realm of trademarks for it sought to marshal and leave tangle-free the filing of trademarks abroad, which was regarded as being quintessential since trademark laws in all jurisdictions […]

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Colour Trademarks in the Pharmaceutical Industry

A trademark aids the customers in identifying the goods and services of one undertaking from those of others. In the present fast-paced society, conventional marks are not the only type of marks available that are worthy of obtaining trademark protection. Colours and colour combinations play a significant role in differentiating the goods in the market. […]

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Fluid Trademarks

With the rapidly evolving digital economy, even brands have started to push their trademark boundaries by not only putting their registered trademarks into practice but also evolving them. Such marks, known as “Fluid Trademarks,” have now become a novel approach to brand marketing. Fluid trademarks are variations of the originally registered trademarks, which coexist with […]

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Key Points – Trademark Registration and Protection in Nepal

In the present highly competitive business environment, economies across the globe are becoming increasingly knowledge and technology-oriented, due to which, Intellectual Property (IP) has gained significant importance too. In line with this global development, Nepal has recognized the value of IP as well. There is indeed a growing trend in the nation both on the […]

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US Court Orders Apple to Pay $500 Million over PanOptis 4G Patent Violations

A Texas court has quite recently ordered the American multinational technology company, Apple Inc., to pay even more than $500 million, near about Rs. 3, 742 crores, in damages and interest for 4G Patent Violations held by Intellectual Property (IP) Company PanOptis. According to the local media, the US tech giant – now worth almost […]

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InterDigital Files two Patent Infringement Cases against Xiaomi in Delhi HC

InterDigital (a US-based mobile technology research and development company specializing in providing video and wireless technologies for mobile devices, services, and networks across the globe) has quite recently filed two Patent Infringement cases against Xiaomi (a Chinese electronics company headquartered in Beijing) in the Delhi High Court. According to InterDigital, the Chinese phone maker has […]

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