Understanding Freedom to Operate (FTO) Concerning IP & Patents

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO), thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. It also […]

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Position Marks

Some marks that label a product become distinctive just because of how they are positioned in a product. Today, we as consumers can easily identify the products of popular brands due to the positioning of some specific elements on the products, for instance, the three stripes of Adidas, Louboutin’s red sole shoes, or the red […]

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Understanding Assignment of Copyright

Copyright is a bundle of rights and can be exploited in several ways independently from each other. Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights […]

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Considering Intellectual Property Rights as a Collateral

In business parlance, assets can be divided into two major classes of tangible and intangible resources. Where tangible resources are constitutive of buildings, machines, and equipment, intangible resources are creations of the mind, which include inventions, literary, artistic, and musical works, labels, designs and symbols, and other goods or services of the like nature. In […]

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Licensing of Trademarks

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. Licensing your trademark can be a beneficial business strategy that can not only strengthen […]

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Limited Edition Products: Can they be Protected under IP Law?

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., and enthusiasts do not spare even a moment to get their hands on these products. Limited edition means that the company sells ‘altered’ limited units of an original best-selling product that already exists […]

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The Concept of Family of Trademarks

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. These intangible assets are often used in collaboration with other marks by the formation of a trademark […]

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Can Trademark Protection be Extended to Cryptocurrency?

Cryptocurrency has been subjected to constant attention in the past few years for its revolutionary nature. The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. […]

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Customs Intervention for IP in the Indian Sub-Continent

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. Such counterfeit products may not always be produced and distributed for trade and commerce in the domestic market but may also enter illegitimately through the […]

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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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