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OUR LAND MARK CASES IN INTELLECTUAL PROPERTY RIGHTS

MISSIONARIES OF CHARITY - COPYRIGHT

Missionaries of Charity is an International religious congregation founded by Mother Teresa, in the year 1950. Started the journey in Calcutta, India, the Missionaries of Charity grew to help the destitude people, poorest of the poor, orphans , lepers and AIDS sufferers. With the spirit of helping the poor and down-trodden in society, Biswajit Sarkar, our senior Attorney, had volunteered the legal service to uplift the intellectual vision of such an acclaimed and esteemed institution by creating the Copyright Protection over the House Name of Missionaries of Charity. This Intellectual Property Rights case brought rare acclaim to our team and more so, an example to the world.

The far-sightedness of Biswajit Sarkar in envisioning that the name could at a later date be misused by unruly and unscrupulous elements for their selfish motives and interest, is worthy of mention. Today, it is starkly relevant when the name of this pious and holy institution is being used world-wide by nefarious elements in the name of good work and charity to serve their ulterior motives. Such is despite of the Intellectual rights being bestowed by the courts. It is another issue that implementing and protecting of such rights is an arduous task and the revered institution is struggling to keep up to the nuances of it.

 

WORLD'S FIRST TRADEMARK AS AN ADDRESS - 6 BALLYGUNGE PLACE

An interesting turn in the history of Intellectual Property Right in India was witnessed, when the IP Law firm headed by Biswajit Sarkar won the Landmark case of '6 Ballygunge Place' in favor of the owners of the restaurant, the Savourites. '6 Ballygunge Place' is the service mark adopted by the Savourites (now Hospitality Pvt. Ltd) for the business of restaurant. However, the name ' 6 Ballygunge Place' was denied registration by the Trade Marks Registry , India. The Law Firm led by Biswajit Sarkar not only argued for the right of the restaurateurs over their original idea but also re-established the need to nuance our understanding of intellectual property right.

This judgment is unprecedented in India and elsewhere. The transformation of a postal address to a protected brand name is one of a kind. It speaks for the evolution and sophistication while ideating IP norms in India. Restaurateurs can now enjoy exclusive right over their brand name speaks a lot for the distance Intellectual Property Law has traversed with Biswajit Sarkar & Co, Patent Attorneys leading the way as a catalyst in such issues..