India’s Accession to WIPO Agreements – A Step Towards Knowledge Driven Economy

The three WIPO Agreements have received accession from the Indian Government.[1]The three Agreements were introduced through the WIPO treaties primarily to ease the search for trademarks and industrial designs. In this arena it is significant to understand the prominence of all the three Agreements. A brief understanding of all the three Agreements are as follows:

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What’s in a Shape – Protection of a Shape as a Design v. Trademark

One of the significant judgements from the recent time is the order of the Delhi High Court in the popular Crocs case. In an order dated March 6, 2019, the Court rejected the maintainability of a suit for passing off, in the case of a registered design. It is important to note here that the Plaintiff had brought this suit after the Court had previously rejected its previous suit for infringement of its registered design, holding that the same was invalid on the ground of prior publication

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India approves the proposal for accession to The Nice Agreement, The Vienna Agreement & The Locarno Agreement

The accession is expected to instil confidence in foreign investors, applicants, businesses in relation to the protection of their Intellectual Property in India. The accession would also facilitate in exercising rights in decision-making processes regarding review and revision of the classifications under the agreement.

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Groundless/Baseless legal threat of infringement of trademarks in India

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…

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Customs Recordal in India – Averting the cross-border movement of infringing goods

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

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A brief analysis of the Annual Report 2016-17 of the Indian Intellectual Property Office

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’.

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Acting in Dual Capacity- Barred by law?

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.

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Why Startups need to protect their Intellectual Property before disclosing it

your Start-up would revolve around your IP in one way or the other and managing and protecting the same might actually decide the ground for you.

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There is more to your liquor than you know

The liquor bottles are often so exquisitely designed that you would want to buy it just out of admiration for its design.

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