In-depth analytical articles on Indian IP law including prosecution,enforcement, statutory interpretation and case developments
In the architecture of trademark law, not all marks occupy the same position. Most marks perform a single function – they identify the source of goods or services and distinguish one trader’s products from another’s. Well-known trademarks do something more. Through sustained use, investment and public recognition, they transcend their original commercial context and become […]
In contemporary commerce, a trademark is not confined to its defensive function of preventing misuse. It is an active commercial asset – bought, sold, licensed, pledged, securitized, franchised, and monetized across jurisdictions. The true commercial maturity of trademark law lies not merely in its enforcement provisions but in its recognition that goodwill is transferable property.
In the contemporary marketplace, a trademark is no longer a mere badge of origin; it is a repository of goodwill, consumer trust, commercial reputation and competitive identity. As markets globalize and digital platforms compress geographic boundaries, the function of a trademark has evolved from a simple identifier to a strategic business asset. Yet, the true
Passing Off and Infringement under the Trade Marks Act, 1999 Read More »
Patent infringement litigation in India is no longer rare or exceptional. Over the last decade, particularly in pharmaceuticals, telecommunications, mechanical engineering and emerging technology sectors, Indian courts have increasingly engaged with complex patent disputes. The Patents Act, 1970 provides the statutory foundation, but the real texture of infringement law emerges in how courts interpret claims,
Patent Infringement in India: Law, Remedies and Litigation Practice Read More »
Patent protection in India is commonly described as a mechanism to reward innovation although that description is incomplete. The Indian patent system is not designed merely to reward inventors. It is structured to regulate innovation. It grants exclusivity only after subjecting an invention to statutory scrutiny, technical examination and public-interest safeguards. The framework governing patent
Patent Protection in India : Between Innovation and Regulation Read More »
