Intellectual Property Law

Trademark Assignment – Requirements and Procedure under the Trade Marks Act, 1999

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A trademark, once registered, is a species of personal property. Like other forms of intellectual property, it is capable of being owned, transferred, mortgaged, licensed and dealt with in all the ways that the law permits in respect of movable property. The transfer of ownership of a trademark wholly or partially, with or without the

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Claim Drafting for Indian Patents – Types, Scope and Strategy

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If the specification is the heart of a patent application, the claims are its spine. Every structural decision in the specification how the invention is described, what embodiments are disclosed, which prior art is distinguished ultimately serves the claims, because it is the claims alone that define the legal boundary of the monopoly that the

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Specification Writing in Indian Patent Practice – Complete and Provisional

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The specification is the heart of a patent application. Every other element of the application the claims, the abstract, the drawings derives its meaning and its legal validity from the specification and the quality of the specification determines, more than any other single factor, both the prospect of grant and the value of the patent

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Section 3(d) and the Evergreening Debate in Indian Pharma Patents

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Few provisions in the entire canon of global intellectual property law have attracted as much sustained attention, controversy and scholarly debate as Section 3(d) of the Patents Act, 1970. In the two decades since India inserted this provision into its patent statute as part of the 2005 amendment that brought the country into compliance with

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Warner Bros. Entertainment Inc. & Ors. v. Mr. Santosh V.G.

Leave a Comment / Landmark Judgements on Copyrights

High Court of Delhi at New Delhi | Decided: 13 April 2009CS (OS) No. 1682 of 2006Bench: Hon’ble Mr. Justice S. Ravindra BhatCitation: 2009 SCC OnLine Del 835 | (2009) 40 PTC 694 (Del) Background Warner Bros. Entertainment Inc. and its associated and affiliated companies are among the world’s largest producers and distributors of cinematographic

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Wockhardt Limited v. Torrent Pharmaceuticals Limited

Leave a Comment / Landmark Judgements on Trademarks

Supreme Court of India | Decided: 12 September 2018 Civil Appeal No. (arising from Division Bench judgment of the Bombay High Court) Bench: Hon’ble Mr. Justice R.F. Nariman & Hon’ble Ms. Justice Indu Malhotra Citation: 2018 SCC OnLine SC 1846 Background Torrent Pharmaceuticals Limited, the plaintiff and respondent before the Supreme Court, is the registered

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