Category: Blogs
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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Role of Copyright societies in India
August 1, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 7:15 pm
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
July 30, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:24 pm
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?
July 29, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 5:57 pm
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
July 28, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:37 pm
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
July 27, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 12:37 pm
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
July 25, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 3:11 pm
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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