Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

The Indian Trademark Law grant exclusive rights to the trademark owner. The exclusivity here indicates that the trademark owner has the liberty to utilize his/her trademarks without any external interferences. The Indian Trademark Laws grants bundle of rights to the trademark holders and the rights of every trademark owner includes the right to commence and prosecute a legal action against infringement of his/her rights in a trademark. It is important that the action taken by the trademark…

A trademark/service mark, is a word, name, symbol or device that is used in trade in respect of goods/services to indicate the source of the goods/services and to differentiate them from the goods/services of others. With the development of knowledge and information technology era, intellectual capital has achieved substantial importance.

To record an IP right with the Customs, a right holder must submit an application in writing with the necessary documents and information.

Amazon Brand Registry (ABR) is medium through which sellers (who can also be businessmen, manufacturers or retailers) who are selling their products on Amazon get an opportunity to protect their trademarks from getting infringed by any third party or a potential competitor.

The Annual Report 2016-2017, released by the Office of the CGPDTM has provided a detailed report of the recent changes in India’s IP regime. This post is a brief summary of the said report and an analysis of whether the recent changes have contributed in achieving the goal of the National IPR Policy 2016 which is ‘Creative India; Innovative India’.

As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate’s firm or Solicitor’s firm to act in its professional capacity for the client. Many a time, besides acting as Constituted Attorneys i.e. power of attorney holders, advocates also act as the advocates on record.

The Maldives has no legislation that has been enacted in terms of Intellectual Property Rights. To circumvent this, there is sufficient trademark protection that has been offered by way of acquiring public recognition through cautionary notices.

Trans-Border reputation is a concept that has been well founded in the Indian legal system since the landmark Whirlpool decision in 1996. This doctrine allows unregistered trademarks in India to maintain an action for passing off without the requirement of having commercial use in India.

The new policy is clearly informed by conservative pro-Intellectual Property (IP) ideology; yes, we are talking about the Tamil Nadu Government’s recent development on re-designating Video Piracy Cell as “Intellectual Property(IP) Right Enforcement Cell”.

Amazon started something called Amazon Brand Registry, an exclusive program designed for the sellers so that they can manage their brand, products, product details on their website through their brand name/trademark.