Anticipation By Prior Claim (Prior Claiming)

Section 13 of the Patents Act, 1970 specifically provides that the examiner must conduct an investigation for the purpose of ascertaining whether the invention which the applicant is preparing to apply for its registration for is already in public domain or not? In other words we can say that before applying for the registration of […]

Swami Ramdev & Ors. Vs Facebook Inc. & Ors.- Case of Global Injunction under the Lens

As we can see that nowadays one is on social media. Social media has become a platform where any information could be gathered against any public figure or an organization. The expanse of technology has blurred the confines of geographical boundaries. Thus in turn it brings forth new issues for the laws to address. In […]

Well Known Trademark and Indian Law

What Are Well Known Trademarks? As per Trademark Rules 2017, a procedure has been created which allows the Registrar to proclaim a particular trademarks as “well Known”. There is a proper list which has been drawn and that helps in kwing the well known brands in the market.   Well known marks are defined under section […]

Doctrine of “Nominative Fair use” under Trademark Law

A Registered Trademark prevents third parties from adopting, using or registering an identical or a deceptively similar trademark. However, such rights are not absolute and subject to the exception of “Fair Use”. The Doctrine of Fair use is defined unders section 30 of the Trademarks Act, 1999, which is an affirmative defense available against a […]

Let There Be Right: Rights of Fictional Characters

We all remember our school days where all our popularity depends on the cartoon character on our lunch box. We were not the only one to be enamoured by the flashy and colourful characters. Character merchandising provides copyright owners with an alternative source of economic gain. When we talk about fictional characters, generally those are […]