The Gujarat High Court in a recent case has reaffirmed that trade channels, class of purchasers, the extent of reputation of the parties and all the other relevant factors play a crucial role in determining whether there has been an infringement or not. The decision was the result of taking into consideration the following facts;
I’m sure many of us, lawyers and trademark owners, would have come across examination reports that have required association between your mark and the applicant’s other marks (mostly). In cases where the mark that we have to associate it with has crossed its date of validity or has been withdrawn by the applicant, what happens then? While the law is silent on this point, the law of logic will kick in. Here I am going to mention few provisions of the law which in effect will say that both the marks which are associated with each other are treated as one mark.
The other day I was just walking on the road trying to get somewhere when someone just handed me this pamphlet which stated that the coaching centre was providing some kind of training to get a hang of this particular software at a certain fee. I passed it on to one of my friends who I thought might be interested in taking up the course. That is when I was told that this can’t be legit as the actual course costed twice the amount.
The general notion, I’m sure is that copyright is a bundle of rights which is primarily an economic right (unless you are Gandhi, who resisted to enforce the copyright in his work for economic gain as economic rights) more than it being an indicator of the source of origin of the goods as in the case of trademarks. So what happens after you have assigned, either wholly or partially, the copyright in your work to someone else? Does that mean you have lost all your rights in the work that you have created or still have some form of ownership in it?
As a software developer, there are a lot of things that need to be taken into consideration at the time of negotiation with the person engaging you to develop the software. It is very crucial to read the agreements that you might sign. On the other hand, as a person engaging a third party to develop software, you would always want exclusivity to the said software and accordingly, would like to include terms in a contract favouring that. So what happens when there a battle of ownership between the parties? This case here involves Section 17 of the Copyright Act which lays down who the first owner of the copyright is, various tests to determine what formulates a “contract of service” and some absolutely unique arguments. Here is the Court decoding the mystery of copyright ownership, source code and software in India
Copyright protection in India Protection for literary, artistic, dramatic, cinematographic works, and sound recordings is possible by registration with the Copyright Office in India by filing an application online or with the Copyright Office in Delhi. Although protection for any
Protection for the aesthetic appeal of a product can be obtained by registering a design with the Designs Office in India by filing an application online or with one of the IP Offices in Mumbai, Chennai, Kolkata or New Delhi.
Patent protection in India Patent protection in India can be obtained by filing an application online or by paper at the patent offices in Mumbai, Chennai, Kolkata or New Delhi. A patent application in India can be filed as an
I realised how there are so many myths that exist in the minds of people around us when I recently got into an argument with one of the people at my gym about music and licensing. So to give a little bit of a background, the lawyer in me urges me to go ask the shop owner/restaurant owner or any owner for that matter who play music in their premises, whether they have the license to do so. So I asked the manager at my gym whether or not they had obtained a license to play the music that they do. They did but apparently people at the gym think it is not necessary for them to get it. So this friend of mine next to me asks me “Why do they need a license to play music? The music is in the public domain”. Copyrights myths and facts!
When I first came across the medicines SIZOPIN and SYZOPIN, I honestly thought it might have just been a typographical error and that they originate from the same source. Much to my astonishment, they are in fact two different drugs used for treating almost the similar thing. So naturally there had to be a suit for infringement by the one against the other.
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