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The Office

Madrid Protocol and the Indian Trademark Office

“Please let us know the percentage of success/what you estimate the chances of overcoming the objection are…” I’ve been asked this several times over when companies/law firms are faced with objections from the Indian Trademark Office to their Madrid Protocol application. Some clients are comfortable with a response that says there’s a “good chance” or …

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“Latch on Listing” – Flipkart’s sale Boosting Feature That Un-Intentionally Facilitates Trademark Passing Off

As technology grows, people getting used the comfort and ease of e-commerce websites over walk in stores. Prominent websites like Amazon, Flipkart, Meesho have many small businesses selling their products on these websites and earning a good profit. It’s great for customers, but it’s also proving quite beneficial for small businesses who sell their products on …

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Dubbing Studio

Dubbing of an original film and remade Film into the same language – Who has what rights?

The Delhi High Court recently vacated an ex parte ad-interim injunction that it had granted restraining the release of the Hindi dubbed version of the Telegu remake. While doing so, the Court breaks down the rights in a movie and lays out the details of who owns what rights particularly when it comes to remakes …

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Advertisement Night

CCPA Guidelines On Misleading Advertisements And Endorsements

The Central Consumer Protection Authority (‘CCPA’) has been established under Section 10 of the Consumer Protection Act, 2019 (‘Act’) for regulating matters relating to violation of the rights of the consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce …

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Report on the action taken by the government of India on the IP Rights Regime

The Department related Parliament Standing Committee on Commerce headed by Shri V Vijayasai Reddy, submitted its 169th Report on Action Taken by Government on the Recommendations/ Observations of the Committee contained in its 161st Report on ‘Review of the Intellectual Property Rights Regime in India’ (hereinafter referred to as “the report”). The recommendations/observations cover topics …

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Copyright Infringement in India Cognizable or a Non-Cognizable Offence?

Cognizable offences are offences for which the Police may arrest without a warrant whereas for Non-Cognizable offences the Police Officer should possess a warrant before arresting an accused person as per the definitions prescribed in the Criminal Procedure Code, 1973. The Criminal Procedure Code, 1973 in accordance with Part II of the First Schedule also …

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Intellectual Property Protection and Theme Based Food Businesses

The significance of protection of Intellectual Property Rights in business has been recognized for a long time. The food industry, especially restaurants and cafes have been striving to give utmost importance to their IP alongside their attempts to build their business and reputation worldwide. However, there are a lot of cafes and restaurants which have …

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Artificial Intelligence and Patenting in India in light of Global Trends

The recent 161st Report of the Parliament Standing Committee on Commerce acknowledged the overwhelming impact of Artificial Intelligence and allied technologies on the economy and the need for an efficient intellectual property protection framework to ensure maximization of the benefits yielded. Through the ambit of the definition adopted by the Committee, Artificial Intelligence has been …

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Parliament Standing Committee Report – Review Of the Intellectual Property Regime In India

Image Credit: Shahnoor Habib Munmun, CC BY 3.0 , via Wikimedia Commons The Department related Parliament Standing Committee on Commerce recently submitted its 161st Report on Review of the Intellectual Property Regime in India (“the report”). The Committee which was constituted on the 13th of September, 2020 was headed by Shri V Vijayasai Reddy.  The …

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