Author: Biswajit Sarkar - IP Law Firm India

The need for the protection of Traditional Cultural Expressions

The need for the protection of Traditional Cultural Expressions

Traditional Cultural Expressions may be defined as productions that consist of characteristic elements of traditional artistic heritage developed and maintained by a community or individuals reflecting the values of that community. This may include verbal expressions, such as poetry, folk tales, words or signs;

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How to satisfy the ‘novelty’ condition while registering a design?

How to satisfy the ‘novelty’ condition while registering a design?

Designs are the visual features of objects, something that is solely perceived by the eye. It could be the shape, color, arrangement of lines, surface patterns, or any combination thereof. In India, Designs are protected under the Designs Act, 2000.

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What are well known trademarks?

What are well known trademarks?

The name “Amul” has attained an iconic status in India. So much so that even if a third party uses the name Amul for goods other than dairy products, consumers will assume that it is still a product of the original proprietor. It means only

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Protecting brands and trademarks on the internet

Protecting brands and trademarks on the internet

The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. With the rise in such services, these companies have also become susceptible to different forms of

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Plain packaging of tobacco products and trademark

Plain packaging of tobacco products and trademark

As anti-smoking sentiment grows throughout the world, governments have increased restrictions on tobacco companies limiting the way they express these brands through advertising and packaging. Presently, governments of more than 100 countries have decided to include mandatory pictorial health warnings on tobacco packs to increase

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Protection of Colour Trademarks

Protection of Colour Trademarks

A trademark as defined under the Trade Marks Act, 1999 includes any word, name, symbol, configuration, device, shape of goods, packaging, combination of colours or any combination thereof that one trader adopts and uses to identify and distinguish his goods from those of others. For

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Ownership of Musical works in Cinematographic films

Ownership of Musical works in Cinematographic films

Producers of cinematographic films use musical works to invoke a range of feelings which improves the overall experience of the audience. It creates a sense of rhythm and commentary to the segments and scenes which helps shape the emotional responses that make the cinematic experience

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The Doctrine of Joint Authorship

The Doctrine of Joint Authorship

It is fairly common to come across works which are the creations of multiple persons and authorship vests in all such people that contributed towards the creation of that work. Some common examples include two or more authors contributing towards writing a research paper or

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Assignment of Trademark

Assignment of Trademark

Assignment has been defined in Section 2(1)(b) of the Trademarks Act, 1999. According to this section, an assignment has to be in writing and has to be executed by both the assignor and assignee. The assignor or the registered proprietor can assign the trademark for

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Role of Copyright societies in India

Role of Copyright societies in India

The copyright societies have an important role in the collective management of copyright. They are legal bodies that serve the interests of the copyright owners, users as well as the public. The Supreme Court in Entertainment Network Ltd. v. Super Cassette Industries Ltd. observed that

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