Author: Biswajit Sarkar - IP Law Firm India

Priority and EPC

Priority and EPC

The entitlement of partial priority has been dealt recently by the Board of Appeal and has held in its decision that partial priority may not be refused only for a claim embracing alternative subject matter by virtue of one or more generic expressions. The partial

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Trans-border reputation: time to think!!!

Trans-border reputation: time to think!!!

Few days back the Delhi High Court has pondered upon the trans-border reputation and has laid down a detailed guideline for determining the trans-border reputation in India. There have been judgments penned down by the Court establishing trans-border reputation of the trade marks which are

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The Delhi High Court again!!!!

The Delhi High Court again!!!!

The trade marks law has expanded from time to time incorporating various changes by way of amendments. Earlier the trade marks law in India was governed by the trade and Merchandise Act, 1958. This Act defined the permitted use as use by a registered proprietor

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Everything is fair in education

Everything is fair in education

Considering the higher cost of education in India the High Court has passed the judgment in the DU Photocopy case in favor of DU. This had a far reaching implications on access to education in a developing countries like India. But the Oxford University Press

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No copyright: says Hollywood

No copyright: says Hollywood

Now the clutches of the copyright are in the hand of the Hollywood studios. The U.S District Court has granted preliminary injunction to VidAngel, a movie streaming and filtering services on the ground of violating the copyright of the Hollywood Studios. The Court held that

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The new tale of broadcasting rights

The new tale of broadcasting rights

Very recently the court has granted injunction to Raj T.V for using the sound recordings and images owned by Sony Music. The judgment does not have any factual significance but it has gone down to alleging Raj T.V to forbid from using their work. The

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There is no rescue…

There is no rescue…

  While the people have just recuperated from Christmas celebrations all over the World, the Federal Court of Justice (BGH) has delivered a judgment having a great impact on the legal federation. In 2013 the BGH had come up with the ruling which pronounced recalling

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First to use: Re approved!!

First to use: Re approved!!

We have seen many suits being filed in the Court pertaining to infringement and passing off, but this time the in the trade mark history of India the Court has handed down a judgment where mark is arbitrary in nature. The plaintiff, a small company

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Copyright societies under wiggle of scrutiny

Copyright societies under wiggle of scrutiny

In a recent decision the country has witnessed another landmark development in the field of copyright. The Delhi High Court has this time pulled the strings of the copyright societies. The three copyright societies namely, the IPRS’s, Novex and PPL have been directed to refrain

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Don’t google it: Search it on Google

Don’t google it: Search it on Google

Often the big leviathans try to get hold of small fishes in the water and get away easily. Same is true in the keyword policies of the big giants like Amazon, Uber seeking to divert the traffic of the small ones. Recently Flintobox, a Chennai

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