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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Understanding Compulsory Licensing and Access to Essentials

The domain of Intellectual Property Rights (IPRs), especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders. Such extension of rights has given […]

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Saving your Mark from Trademark Genericide

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. How have then they become generic terms? In the Trademark Law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark becomes the generic word for the product or […]

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Evergreening of Patents

Evergreening is any of the various legal, business, and technological ways using which manufacturers extend the lifetime of their patents that are about to expire to retain royalties from them by either taking out new patents (for example, over related delivery systems or new pharmaceutical mixtures) or buying out or frustrating competitors for a longer […]

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All About Provisional Patent Applications

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. It is a crucial choice to opt for the filing of a provisional patent application or not since a provisional patent application is optional while a complete […]

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The Importance of Trademark Clearance Searches for Businesses

Any business owner looking to distinguish himself from others in the market would be wise to safeguard the elements that make his business unique. The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. However, the owners must conduct diligent research before […]

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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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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Overview The two parties involved include Sanjay Soya Private Limited (SSPL) and Narayani Trading Company (NTC). Both of them specialize in refined edible oil products. The dispute between the two arose concerning the use of packaging in their respective products. The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High […]

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