Principles and procedures of trademark law in India [Anchal Chaudhry]
With the effect of globalisation the awareness and importance of trademarks knows no bounds.
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Using manufacturer''s trademark on compatible consumables [Poorvi Chothani]
Third party vendors will generally indicate on the package that the product is suitable for a particular OEM Cartridge or will print a series of numbers on the packaging and often include a small OEM’s trademark indicating compatibility with the OEM’s products.
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Development of the pharmaceutical sector in the dynamic Indian patent regime [Leoni Mahanta]
India amended the Patent Act 1970 in 1999 so as to incorporate the provisions for Product Patent applications for drug and pharmaceutical under s. 5(2) and to the Exclusive Marketing Right (EMR) provisions as a new chapter (chapter IV-A) in accordance with TRIPS, art. 70.9.
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Patentability of micro-organisms [Manpreet Kaur]
The huge strides made in the area of biotechnology portend that innovative enterprise and inventions should be protected from unwarranted encroachment. In the developed countries, such as USA, micro-organisms have been granted patent since the landmark decision in Diamond v Chakravarty. Such broad and expansive protection has augured well for the biotech industry. The TRIPS agreement is also resonant of the American position.
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Rethinking section 3(d) in light of the Novartis judgment [Amit Bhaskar]
According to the European Generic Association, evergreening occurs when the brand name manufacturer literally “stockpiles” patent protection by obtaining separate 20 years patent on multiple attributes of a single product. These patents can cover anything from aspects of manufacturing process to tablet colour, or even a chemical produced by the body when the drug is ingested and metabolized by the patient.
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Digital Rights Management in light of the proposed Indian amendment: A boon or a bane? [Malak Bhatt]
Digital rights management (DRM) is a mechanism to combat piracy and theft of copyrighted work. With advent of technology, the ease at which work may be copied has increased manifold and hence, a need has been felt for anti-circumvention laws and technological protection.
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Unregistered trademark, practice and protection in India [Swapneshwar Goutham]
This paper will deal with the issue of unregistered trademarks practice and protection in India; and exclusive rights that attach to an unregistered trademark, the relief available in suits for passing off. The author also critically analyses the advantages and developments in the protection of an unregistered trademark.
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Patenting seeds and the Indian farmer [Tabasum Wani]
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P2P file sharing and intellectual property rights [Prashant Roy]
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Rights of performers [Manisha Garg]
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When movies copy novels [Tanvi Pagare]
In the Amistad case, since Dreamworks did not dispute having access to Chase- Riboud's book, the only issue for the court to decide was whether substantial similarity of expression between the two works existed.
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Proposed amendments to the Information Technology Act 2000 [Expert Committee, Department of Information Technology]
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An appraisal of the jurisprudence of the rights of trademark [Sangeetha Mugunthan]
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Art and the law [Akshat Pande]
The two extremes of life, one bound by creativity, passion and the romance of life, and the other by facts, practicality and penalties. What can be common or related between them? Nothing much except that we need both.
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Confidential information and its legal fortification [Suraj Narayan]
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