Author: Biswajit Sarkar - IP Law Firm India

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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Unconventional Trademarks and Registration Challenges

Unconventional Trademarks and Registration Challenges

Besides traditional trademarks that include device, brand, heading, label, name, there is a new category of modern marks that are protected in some countries which are known as non-traditional or unconventional trademarks. They include three dimensional marks, colour marks, sound marks, smell marks, taste marks,

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What is a 3D Trademark?

What is a 3D Trademark?

Introduction The definition of mark under section 2(1)(m)  in the Trademarks Act, 1999 includes “shape of goods” and “their packaging” and any combination of such shape or packaging with other things, fall within the plain and general meaning of the term ‘mark’ thereby making it

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Compulsory licensing in Copyright

Compulsory licensing in Copyright

What is a Compulsory License? Compulsory licenses are permissions from the government that allows someone else to use the copyright of the owner without his consent. In this article, we will look at compulsory licensing in Copyright and under what conditions a compulsory license is

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Copyright and Broadcaster’s rights

Copyright and Broadcaster’s rights

What is a broadcast? The Copyright Act, 1957 originally used the term ‘radio-diffusion’ under section 2(v) to include communication to the public through any means of wireless diffusion in sound or visual form or both. Later, the 1983 amendment replaced the term ‘radio diffusion’ for

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Copyright and User Generated Content

Copyright and User Generated Content

Remixing a song, streaming gameplay on youtube and collaborating with other artists on TikTok have become mainstream and garner millions of views. However, this poses an important question to copyright owners whose songs, games and other copyrightable subject matter are used without giving any monetary

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Copyright in Registered Designs

Copyright in Registered Designs

Introduction Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. Copyright in its general

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Industrial Design vs Product Design

Industrial Design vs Product Design

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. They mainly focus on the appearance, functionality and manufacturability of an article.

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How to become an industrial designer?

How to become an industrial designer?

Industrial Design (ID) is the professional practice of designing products, devices and services which are used by people around the world. The main focus of an industrial designer is the physical appearance, functionality and manufacturability of a product although, often they go beyond the developmental

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