ABSTRACT Intellectual Property Law is the field of law which is emerging and achieving some extra-ordinary results. It helps in protecting the ideas, designs and innovations for the smooth conduct of the business activities. It is basically in place to avoid unjust enrichment. In our day to day activities, we often deal with copyrights. These … Continue reading SOUND RECORDINGS AND REPRODUCTION UNDER COPYRIGHT LAW
Atish ChakrabortyDebdeep Das There has been a noticeable shift from distribution of music by physical copies in the form of cassettes, CD, vinyl to the digital medium. This shift started in the late 1990s , when Napster was introduced to the world by Shawn Fanning. It was soon noticed by the music industry that this … Continue reading DAVID -VS- GOLIATH: IN THE INDIAN MUSIC INDUSTRY
Lavanya Bhagra “Kookaburra sits in the old gum treeMerry, merry king of the bush is heLaugh, Kookaburra! Laugh,Kookaburra!Gay your life must be” The creator of every creative expression steaming out of an intellectual idea, whether it is this famous nursery rhyme written by Marion Sinclair in 1932, a panting, a musical composition or just an … Continue reading CAN A SOUND RECORDING OF ‘CHIRPING BIRDS’ BE COPYRIGHTED?
Deepika Gupta GROWING DEMAND OF TRADE SECRETS Trade secrets are considered to be a crucial part of Intellectual Property as it relates directly to the growth of a company and is precarious for its survival. Over the past few decades, the demand and need for protection of sensitive and confidential information are increasing, which were … Continue reading TRADE SECRETS REGIME IN INDIA – EVOLVING JURISPRUDENCE AND NEED FOR LEGISLATION
Abstract “An investment in knowledge, always pays the best interest.”Benjamin Franklin The World Intellectual Property Organisation,has define Intellectual property as creations of the mind which include inventions, literary and artistic works, and symbols. These rights promote growth and innovation in the economy. The MSME enterprises not only contribute to the economy but are growing and … Continue reading Challenges faced by SMEs (Small, Medium Enterprises) in acquiring and maintaining IP Protection
Name of the Case: Nuziveedu Seeds Ltd. and Ors. v. Monsanto Technology LLC and Ors. Introduction Mahyco Monsanto Biotech Pvt Ltd, the Indian joint venture of Monsanto and Maharashtra Hybrid Seed Company was licensing its BT products to various Indian seed companies including Nuziveedu and its subsidiaries. Monsanto licensed its patent IN214436 titled “Methods for … Continue reading BT COTTON: A CASE STUDY
Introduction In 2004, McDonald filed a case against MacJoy Fastfood Corporation engaged in the sale of the fast-food products in Cebu City. McJoy filed the trademark application in the IP Office on 14th March 1991 for the registration of the “MACJOY & DEVICE” for the fried chicken, tacos, burgers, fries, spaghetti and sandwiches under classes … Continue reading McDonald’s Corp. v. MacJoy Fastfood Corp.
INTRODUCTION The Yahoo! Inc., the plaintiff in this case is a well-known American web service provider known in the world for providing web-based services. Akash Arora, the defendant in this case began to provide his web-based services by using a trademark that was phonetically similar to that of the plaintiffs. This case is a landmark … Continue reading Yahoo! Inc. vs. Akash Arora & Anr
Introduction Hundreds and Thousands of cases are filed in courts for Intellectual Property and mainly on industrial design. Industrial design or design patent is a type of intellectual property right that give exclusive right to the owner of the article to sell and protect the design. All these are embodied in Design Act of 2000 … Continue reading Crocs Inc. USA v. Bata India Ltd and Ors.
In Intellectual Property related judgments, Res Judicata is applied in cases where parties have filed cases on infringement but did not obtain satisfactory judgments and thus appealed to the higher court.