Category: Blogs
Structuring Legal and Institutional Initiatives for TCE Protection
August 13, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 5:13 pm
In furtherance of our previous blog which recognised the need for protection of the Intellectual Property (IP) involved in Traditional Cultural expressions (TCE), this article discusses the Legal and Institutional Initiatives that Nations or bodies may use to pave a way for their protection.
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The need for the protection of Traditional Cultural Expressions
August 12, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 7:12 pm
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?
August 11, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 6:30 pm
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?
August 10, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 4:48 pm
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
August 9, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:30 pm
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
August 8, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:06 pm
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
August 6, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:44 pm
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
August 5, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 12:30 pm
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
August 4, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 4:46 pm
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
August 3, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 10:53 am
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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