Editorial Staff

Protecting business processes as Intellectual Property in India

Business processes: Very often people hear about how intellectual property protects all creations of the mind and immediately think their ideas have monetary value. Often times, when talking to people about patents, and their requirement for novelty, they usually believe that they do business…


Copyright is no monkey business – According to U.S Court Judgement

If you haven’t seen this photograph before (which is highly unlikely) you might think is that for real? Did a monkey actually take a selfie? The answer is yes! This beaming monkey has attained pop culture popularity in over the past two years. Coming back to business, the reason why the image above…


Trademark and Startups: 4 Frequently Asked Questions

When starting a business I’m sure there are a multitude of questions that go through every entrepreneur’s mind. Barring the basic questions of whether or not to go ahead with launching something, on the trademark front there are a couple of questions that keep cropping up. In this post, I’ve…


Parallel Imports – The Exhaustive World of Trademarks

Brand owners often find parallel importation as one of the key issues facing their businesses. Their hard earned reputation is at stake when their goods are sold by dealers who are not authorized to do so. It is also referred to as “grey market” for the reason that the goods imported and sold are…


Whose Work is it Anyway? Orphan works in the time of file sharing

An Orphan work is a copyright protected work whose author is unidentifiable, which means that it is not possible to contact the author of the work due to the fact that there is no information about him/her, or he/she can’t be traced or because the person is dead. In the age of the internet and easy…


Brainstorming to name your startup? Read on...

There was once a group of youngsters sitting in a café scribbling over their notepads, almost spilling the coffee in the heat of their arguments. They were in a heated brainstorming session regarding a suitable name for their startup. A few tables across sat another young man, seemingly disturbed…


Why should you register your Trademark?

Trademarks are at the sine qua non of any business; right from your name or the logos representing your brand, to the names of specific products or services - any particular term or slogan that is unique to your business are the keys to building your brand identity and carving a unique niche for…


Curse of phantom trademarks

Phantom trademarks – What are they? An anomaly to our Indian trademark law is the concept of Phantom marks. Phantom trademarks are marks containing elements such as words, designations or phrases that are unfixed. It might incorporate a date, geographic location or model number that is changeable.…


“LABELS” excluded from the definition of Design

Recently the Delhi High Court while awarding the judgment in Midas Hygiene Industries Pvt. Ltd. vs. Sudhir Bhatia (Regular First Appeal No: 239, 240 and 241 of 2011) held that the LABELS on packages of goods are excluded from the definition of “DESIGN” under the Designs Act, 2000. The Delhi High…


Amul the well known taste of India

There are a few indigenous brands that have grown with India, brands that have been so woven into the fabric of India by the hands of time. Most undoubtedly the name that is recognised in every nook and cranny of India is Amul, and the ‘Amul butter girl’ is undoubtedly the most recognised device…