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Intellectual Property

Intellectual Property

August 6, 2020
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Appointing Scientific Advisors in Patent Disputes

Patent disputes that involve complex technologies cannot usually be resolved by judges alone. Training in the law is hardly sufficient to understand the nuances of the technology underlying a patent, and by corollary, makes it difficult to adjudicate on questions of patent infringement. For this reason, courts are allowed to appoint independent Scientific Advisors to assist in the understanding of the scientific or technical questions pertaining to the dispute in question. ......
August 3, 2020
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New Startup. New Ideas. New IP.

Change is synonymous with Startups. Startup teams are constantly innovating, exchanging new ideas, conducting new experiments, and learning new lessons along the way. What’s really exciting about this is the potential for generating new Intellectual Property (IP) for the Startup each time you have a breakthrough. ......
July 31, 2020
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Trademarking store layouts in India

Store layouts play an increasingly important role in brand recognition and brand recall. Take a world-renowned brand like Apple, for instance. How does every Apple store that we walk into feel the same all over the world? While there is certainly a tingling excitement that the purchase of shiny new gadgets brings, there is a more subtle factor at play: the store layout. ......
July 29, 2020
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Solving for the looming pandemic patent crisis in India...

The COVID-19 pandemic has posed some unusual problems for states and markets all over the world. While medical science and pharmaceutical professionals continue their search for the best drug or vaccine solution for the pandemic, one challenge lies in how this can be equitably distributed to the global population without compromising on various interests. ......
July 23, 2020
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CCI has jurisdiction when Patent Rights are abused: Del...

An Indian court has held that in cases of abuse of patent rights, the Competition Commission of India (CCI) could directly examine the complaints without any prior determination by the Controller of Patents (the Controller). ......
July 14, 2020
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Selecting the Best Remedy for Trademark Enforcement in ...

With the increasing globalization of our economy and the adoption of numerous brands and products, the possibility of parties infringing, diluting or passing off valuable brands, increase day by day. ... Indian Trademark Law provides civil, criminal, as well as administrative remedies for taking action against infringement, dilution and/ or passing off of a trademark. This note discusses the types of remedies available, and examines the best approach in different scenarios. ......
July 8, 2020
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All is Fair in Trademark Wars

The #BlackLivesMatter movement has gained traction around the world and has encouraged many corporate entities, including multinational companies (MNCs), to reassess their businesses and marketing policies for signs of discrimination, following the calls against racial inequality after the death of George Floyd in the United States. ...
July 6, 2020
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Best Practices for Drafting Dependent Claims in India

Patent claims are the most important part of a patent application, for they define the invention for which the Patent Office has granted protection. Patent claims identify what the patent does and does not cover....
June 23, 2020
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Fast-Tracked Examination of Patent Applications Filed b...

Recognising that startups can drive sustainable economic growth and generate large scale employment, the Government of India’s ‘Startup India’ Initiative has sought to develop an ecosystem to strengthen such entities. This ecosystem includes policies that reduce regulatory burdens and provide various concessions that make ‘doing business’ easy....