Legal Approach

WHAT ARE THE INTERNATIONAL TREATIES GOVERNING TRADEMARK LAWS IN INDIA? Part II Section 2 (Article 15 to Article 21) of the TRIPS agreement contains the provisions for minimum standards in respect of Trademarks. There are two international treaties governing Trademarks Madrid Agreement Concerning the International Registration of Marks Madrid Protocol. In India, the Trade Marks Act, 1999 which was passed on 30th December 1999 and came into force on 15th September 2003 is in coherence with the provisions of the TRIPS Agreement. Trade Marks Act, 1999 provides for registration of trademarks for services in addition to goods, and has increased the period of registration and renewal from 7yrs to 10yrs. WHAT ARE DIFFERENT PROVISIONS RELATED TO TRADEMARK IN TRIPS AGREEMENT? Art 15: Protectable subject matter includes any sign, combination of signs capable of distinguishing the goods or services from others. Registration depends on distinctiveness end use. Art 16: Rights on ...

WHAT ARE THE INTERNATIONAL TREATIES GOVERNING COPYRIGHT LAWS IN INDIA? Part II Section 1 (Article 9 to Article 14) of the TRIPS agreement deals with the minimum standard in respect of copyrights. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. The Copyright Act, 1957 is compliant with most international conventions and treaties in the field of copyrights. India is a member of the Berne Convention for the Protection of Literary and Artistic Works of 1886 (as modified at Paris in 1971), and the Universal Copyright Convention of 1951. Though India is not a member of the Rome Convention of 1961, the Copyright Act, 1957 is fully compliant wit...

WHAT ARE THE INTERNATIONAL TREATIES GOVERNING PATENT LAWS IN INDIA? Section 5 Part II of the TRIPS Agreement (Article 27 to Article 34) contains the provisions for standards in respect of the Patents. A Patent is an exclusive right granted by a country to the inventor to make, use, manufacture and market the invention that satisfies the conditions of novelty, innovativeness and usefulness Members are required to comply with the Paris Convention for the Protection of Industrial Property. Introduction of Patent Law in India took place in 1856 whereby certain exclusive privileges to the inventors of new inventions were granted for a period of 14 years. Presently, the patent provisions in India are governed by the Patents Act, 1970. The Indian Patents Act is fully compatible with the TRIPS Agreement, following amendments to it; the last amendment being in 2005 by the Patents (Amendment) Act, 2005. Product patents in the field of pharmaceuticals and agro-chemicals have been ...

Counterfeit under Indian Intellectual Property Rights 1. INTRODUCTION Counterfeiting is the passing off action of the genuine products to customers. Such products are sold under the famous establishing and manufacturing. This is nothing but the cheating consumer and running parallel operation. Intellectual Property Rights (IPRs) come in hand of passing off action. The statute governing IPRs recognizing such activity as an offence and provide for stringent punishment such as counterfeiting activity. Counterfeiting activity remind us the large scale of counterfeiting in currency. Reserve Bank of India with the help of the statutory provision catches such offenders and brings them to prosecution under the Panel provision. 1. 2. COUNTERFEITING : HOW IT IS DONE Counterfeit products may include[i] i) products with correct ingredients, but containing insufficient or erroneous quantities of active ingredients, or expired active ingredients either to save cost or owing to poor...

Sole Proprietorship: Meaning Sole proprietorship is a business name owned by any individual. When the ownership and management of business are in control of one individual, it is known as sole proprietorship . Since the business is actually owned by a single individual, all rights, duties and liabilities are fastened on the same individual only. Since it is owned and managed by one single individual, often the size of business remains small. Characteristics: Ownership : The business enterprise is owned by one single individual and the individual has legal title to the assets and properties of the business. The entire profit arising out of business goes to the sole proprietor. Similarly, he also bears the entire risk or loss of the firm. Management : The owner of the enterprise is manager of the business. He has got absolute right to plan for the business and execute them without any interference from anywhere. He is the sole decision maker. Source of Capital : ...