Faq

Faq

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Design Marking in India: Essential or Avoidable?

Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ......
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A Moment to Remember: Personality rights, Moment market...

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ......
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Designs Database goes Digital: Designs E-Register now a...

The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ......
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To Litigate or Arbitrate, a “Heroic” Dilemma

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......
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Who Judges Whom: Turf Wars, Forum Shopping and Anti-sui...

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ......
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Application Stages And Timelines

What are the various stages and the timelines involved in the grant of an Indian design application? An Indian design application goes through the following stages, till grant: Filing: First application in India: It is recommended to file the first application in India as soon as possible after a design is conceived. Convention design application......
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What Can Be Protected In A Design Application

Six months after it became a signatory to the Locarno Agreement (which establishes a classification for industrial designs), on 25 January 2021, India notified the Design (Amendment) Rules, 2021 to formally adopt the “Locarno Classification”. ......
India Entry Strategy
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India Entry Strategy: The FAQs provide an overview of t...

Which law and regulations govern foreign investment in India? Broadly, foreign investment in India is regulated under the provisions of the Foreign Exchange Management Act, 1999 ("FEMA") and the Foreign Exchange Management (Transfer or Issue of a Security by a Person Resident outside India) Regulations, 2017 framed the reunder. The FEMA was enacted to consolidate......
Checklist for the Indian Publishing Sector
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We have set out a checklist that publishing houses oper...

What are the legal aspects that an author or publisher should be aware of prior to publication of a book in India?There are India several publishing laws in India that regulate what content can be written and distributed. These laws establish that publication of certain content could give rise to complaints of a criminal or civil offence. For example, claims such ......
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