Legal Approach

Recourse against the Arbitral Award: Most murkier aspect of the arbitration is the recourse to the arbitral award made by an arbitrator. The Arbitration & Conciliation, 1996 act has narrowed down the scope of interference with the award passed by the arbitrator. Section 34 of The Arbitration & Conciliation, 1996 provides for recourse to the arbitrator award. Section34. Application for setting aside arbitral award— (1) Recourse to a court against an arbitral award may be made only by an application for setting aside such award in accordance with Sub-section (2) and Sub-section (3). (2) An arbitral award may be set aside by the court only if— (a) the party making the application furnishes proof that- (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was ...

Statutory Definition: Section 7 of the Arbitration and Conciliation Act, 1996 defines Arbitration Agreement as an agreement between the parties to a contract. The Arbitration and Conciliation Act, 1996 defined the arbitration agreement as below: Section 7. Arbitration Agreement. (1) In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. (2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. (3) An arbitration agreement shall be in writing. (4) An arbitration agreement is in writing if it is contained in— (a) a document signed by the parties; (b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or (c) an exchange of statements...

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...