Category: Blogs
Patents And Freedom To Operate
December 8, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 3:20 pm
After an invention is patented, the inventor has exclusive rights over the invention. Any infringement thereby is actionable and you have the right to stop others from using or selling your invention. However, getting a patent is not enough to sell your product in the
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Novelty of a Design
November 30, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 5:02 pm
The goal of the Design Act is to protect and preserve original and novel designs. A design like this can be applied to a specific article that will be produced using industrial procedures or methods. An article with a unique and innovative design gives a
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The Doctrine of Fair Use in Copyright Law
November 27, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 1:51 pm
Genesis The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection
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The World of 3D Printing vs. IPR
November 26, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 11:15 am
Have you ever seen, or heard of, printed ears? Or printed hearts? Well, these may sound like something out of a Isaac Asimov novel, but 3D printing has made them our reality. Additive manufacturing, also known as 3D printing, is the technique of creating three-dimensional
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Types of Patent Applications
November 25, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 2:31 pm
Suppose you and your patent attorney have approved the revised copy of the patent application. It should be filed as fast as possible with the patent office, once that happens. It can be filed in different types. They are based on the following criteria –
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Cybersquatting – A Menace in Digital India
November 22, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 4:49 pm
Domain names are the most important assets in today’s digital era. All companies ensure that their domain names co-relate with their respective trademarks. It helps the consumer correlate and identify the company based on their trademark. But what does that have to do with cybersquatting?
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Can I enforce my rights through the Berne Convention (1886)?
November 19, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 7:03 pm
The Berne Convention for the Protection of Literary and Artistic Works concluded in 1886 and was amended in 1979. The Convention is open to all its member States. There are 179 parties to the convention, including India. Berne Convention Aims to protect the works and
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Enforcement of Computer Programs Under DMCA
November 18, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 6:06 pm
India implements DMCA-type legislations slower compared to other nations. They are also less extensive. India has signed neither the WCT nor the WPPA. Our country is considering the implementation of DMCA-style rules. Our country has not made any conclusive decision. Thus, India may continue to
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Is Copyright Infringement Illegal?
November 16, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 2:30 pm
Copyright is a type of intellectual property rights. Such rights gives the owners/creators exclusive rights over their creations. How, they only get to enjoy such rights for a limited period of time.One infringes on copyrighted works when they violate the exclusive rights of the owner.
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An Introduction to DMCA
November 15, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 3:33 pm
The United States passed a law in 1998 – the DMCA, known as Digital Millennium Copyright Act. It regulates copyright infringements over the internet. DMCA criminalizes the act of copying the content. It does so by way of plagiarism, translating and/or remaking. Many creative works
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