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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Can you Play Copyrighted Music in Restaurants?

When we visit a restaurant or cafe, listening to music adds to the overall ambiance and experience. However, have you ever wondered whether the owners of restaurants require permission to play those songs at their premises? The answer is yes. This is because most songs are subject to Copyright Protection. Playing a song at a […]

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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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Cybersquatting of Domain Names

The internet boom had reverberating outcomes of which the expansion of Trademark Law was one. Consumerism and commercial activities over the internet brought with it the challenge of Domain Name disputes because of dilution and infringing acts. Although the issues exist within the realm of trademarks, they still need a thorough reading in the light […]

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Design (Amendment) Rules, 2021: A Welcoming Change

Following the power vested in the Central Government under Section 47 of the Designs Act, 2000, a new set of rules have been promulgated to carry out the provisions of this Act in consonance with the established international norms accustomed to meet the challenges of the Indian subcontinent. The enforcement of this Amendment was envisioned […]

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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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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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Liability of Online Intermediaries under the Copyright Regime

Expressing oneself by utilizing e-platforms like Twitter, Facebook, Instagram has become an integral element of freedom of speech and expression in the much-digitized world. It becomes imperative to set the rules straight to exercise such freedom in the fairest possible way without inviting any trouble. Who are Intermediaries? As per the Organisation for Economic Co-operation […]

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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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