Category: Intellectual Property Law
Does Your Brand Name Qualify as a Trademark?
Your brand name should be capable of distinguishing your product or service from others and it can include: sign;symbol;design;word;colour;any combination of the above; However, your brand name cannot be: descriptive of your goods or services;3-dimensional shapes forming part of your brand name, for example shape of an apple for apples;deceptive;contrary to public order or morality;state symbols, flags, names and emblems; Additionally, you must also identity if the brand name you wish to protect is still available for use i.e., you must conduct an exhaustive search to verify if anyone has already registered identical or similar brand name for trademark protection for similar goods or services. As your trademark attorney, we can carry out the trademark search for the availability of your brand name and help you file the trademark application for registration. For more information or assistance, you can reach us at [email protected]
International Trademark Registration Process – Using Madrid Protocol
The Madrid Protocol aims to simplify the international trademark registration process by allowing brand owners to file a single application with one set of fees for trademarks in 100+ countries around the world. Image Source: World Intellectual Property Organization (WIPO) The process involved in obtaining trademark registration using the Madrid Protocol route includes three main steps. They are: For more information or assistance, you can reach us at [email protected]
PATENT LAW 101: THE BASICS
Before we begin, kindly note that this article is focused solely on those readers who do not have any idea about patents. So, what are patents? Why are people talking about them so much? Let’s try to understand some basics of what patents are and why they are important. What is a patent? A patent is an exclusive right granted for an invention. The invention may be a product or a process that provides a new way of doing something. What are the exclusive rights? A patent owner can restrict others from using their invention. He has exclusive rights to use, sell, offer for sale, and import that invention. He can also license his rights to a third party for monetary benefits. Can I patent any “new” invention? There are certain conditions for granting patent rights for an invention. The conditions…
Legal Protection of Software – Choosing the Right Strategy
This article focuses on the Million Dollar question of this century. How to legally protect software from being copied or pirated. In this article, we will be discussing different ways to legally protect software from being pirated/copied. Since are multiple facets to this problem, the first question would be deciding which aspect of the software requires protection. Examples include: Protecting the basic idea of the software and the problem solved. Protecting the software code and algorithm. Protecting the architecture, process/control flow diagrams, higher-level project details, etc. Protecting the User Interface and graphical elements of the software, etc. This listing is not exhaustive and keeps evolving over time with new developments in the field of software engineering. With new software development models coming into the picture, the strategy for protecting software would naturally undergo further changes. Nevertheless, the…
Case in Point: Sun Pharma Ltd vs. DWD Pharma Ltd
Case in Point is a new series where we discuss…
What are Patent Claims and Why Should You Get It Right?
A patent claim sets the boundaries for an invention by…
Utility Patents vs Design Patents (Industrial Designs)
While the definition of Patent merely covers…
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Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
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Branded Medicines vs. Generic Medicines: The Role of Patents
In the pharmaceutical industry, the distinction between branded and generic medicines is an essential one. Understanding this distinction is crucial not just for…