Act for Acts
ENTRY WRONGLY REMAINING ON THE REGISTER-SUB-SECTION (2) The words “wrongly remaining on the register” were introduced for the first time in the corresponding section 35 of the UK Act of 1905. As was pointed out by Parker J in the Gramophone case, “none of earlier Trademark Acts provided machinery for taking a mark off the Register, if once it had […]
Continue reading »Copyright Infringement In the instant ease, the Plaintiff has already filed an application /complaint 19) under Section 31(1)(b) of the Act and thus, invoked the jurisdiction of the Board for grant of compulsory license. No doubt, the said application is pending may be for the last more than two years. However, it is the exclusive jurisdiction of the Board to […]
Continue reading »A trademark is a distinctive mark or identifier used by an individual or an organization which is mainly used for easily indicating products of one trader from those of another. Shortly, a trademark is a safeguard of the trader. Trademark Registration is not a mandatory in India but it is highly advisable. Why because, you get an exclusive rights on […]
Continue reading »Trade Marks Act, 1999 Notes on Clauses.-This clause provides for registration of parts of trademarks and of trademarks as a series subject to certain conditions enumerated therein. This corresponds to section 15 of the existing Act, except consequential amendments to cover services. Comments-This section provides for registration of parts of a trademark label and also trademarks as a series. This […]
Continue reading »Introduction to Copyright Registration – Trademark registration in Cochin Copyright it is a form of intellectual property. With advancement in technology it is very easy to copy. The basic test in actions based on the infringement of the copyright is that if a thing fetches a price, it can always be copied and therefore, it needs adequate protection. It is […]
Continue reading »Introduction to Hearing Section 21(5) requires the Registrar to afford an opportunity of a hearing to the parties before deciding the opposition. Section 131(2), however, makes it clear that the Registrar is not required to hear the parties before disposing off an application for extension of time, and no appeal shall lie from any order of the Registrar under this […]
Continue reading »Remedies with respect to infringement under the copyright law: It would be useful to have an insight into copyright law for a proper understanding. There are three types of remedies against infringement of artistic copyright which may be available in respect to a trademark label etc. qualifying as an artistic copyright. These are civil remedies, criminal remedies and administrative remedies, […]
Continue reading »Copyrights and related rights: Copyrights protection is given for original literary and artistic works, including literature, music, dramatic work, drawing and paintings, audio and audio-visual productions. Besides the economic reasoning, copyright law finds justification within sociological and the ethical parameters too. It recognizes both the natural right that an author has in order to prevent mutilation of his creation, and […]
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