Conceptual Issues Of Patenting Of Life Forms

The concept of patentability of life forms and the associated issues took root in the late 1900s wherein there was a sudden rise in research surrounding gene technology or biotechnology. As the field of biotechnology grew rapidly, those involved in related studies were able to utilise findings of their research to manipulate the naturally existing life forms to benefit the society on a large scale...
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Concept Of Trade Secrets In IPR Regime

Trade Secrets are Intellectual Property Rights on ‘confidential information’ that may be sold or licensed. Trade Secrets are important IP rights that helps small businesses to protect their secret formulas information and other key things that give them a competitive edge. ...
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Remedies for Online Copyright Infringement

Copyright infringement is that the use or production of copyright-protected material without the consent of the copyright holder which results in actual damage to the copyright owner. Infringement of copyright implies that the rights afforded to the copyright holder, like the exclusive use of a piece of work for a collection period of your time, are being breached by a third party. ...
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Exhaustion Of Rights And Parallel Import

Parallel import does not mean misrepresentation of products rather in the concept of parallel import the goods are very much genuine branded products which are originating in one country and then subsequently sold in another country without approval of registered proprietor of the intellectual property....
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Concept of Deceptively Similar under Trademark Law

In simple words, deceptively similarity of marks can also be defined as similarity between the trademarks which can likely deceive the general public of average intellect to believe that the mark in question is in some way or the other linked to the registered or a well-known trademark. ...
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Critical Analysis Of Novartis Case In IPR Regime

The judgement in the case of Novartis AG v. Union of India, pronounced by the Hon’ble Supreme Court has become one of the landmark judgements in the history of India. The judgement came as a relief to many people to have easy access to medicine at a minimum cost, and the availability of life-saving medicines at an affordable rate thus expanding the scope of Section 3(d) of the Indian Patent Act,...
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Prior use of Trademark

The principle of prior use in adoption and usage of the mark, prevails over priority in registration, and holds great importance in specific situations. It is an all-around acknowledged legal rule that the privileges of a prior user of the mark are kept on a higher platform than even that of the owner of an existing brand name....
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Critical Analysis of Joint Ownership of Copyright

Cases where creation of a copyrighted work has more than one author or creators the “rights and obligations” of the creators may not be so self-evident. The “joint ownership” precept includes a “sharing” of rights, albeit ideally, particularly if the publisher is a co-creator, it is a purposeful sharing of rights....
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