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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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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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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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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Plain Packaging in the Tobacco Industry and its Impact on Trademarks

Plain packaging refers to the laws or regulations requiring that cigarettes are to be sold in standardized packs without any stylized trademarks, logos, or colors. Instead of branding information, the cigarette packs are dominated by graphic health warnings and other legally required information and tax-paid stamps with only minor space reserved for the brand name […]

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Tech-Transfer of IPRs in the Domain of Climate Change

Technological exploration has cost heavily on civilization, and to its rescue, green-technology used in tandem with international cooperation is the only answer. The United Nations Framework Convention on Climate Change (UNFCCC) is an example of collaborative initiatives to curb climate change. There are environmental-friendly technical solutions available in some countries, majorly the first-world countries, but […]

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