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This image depicts tyres. This post is about how the court answered the question s to who owns the goodwill for a trademark-the seller or the manufacturer in a case. Click on the image to read the full post.

“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer

This post was first published on 15th February, 2012.   A trademark associates a considerable amount of goodwill with a product and hence businesses go to great extents to exploit this potential of a trademark and therefore, they strive hard to protect their trademarks. A recent instance where a seller of a product fought with the manufacturer of the product over the ownership of the trademark is the Trans Tyres India Pvt. Ltd. v. Double Coin Holdings Ltd. & Anr. case, which…

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This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

ECJ Stems “Stem Cell” Patents

The sticky nature of Biotechnology research has always led to massive debates every time there was a path-breaking discovery. It happened with Nucleic acids, amino acids, genetic modifications, transgenic animals, and now stem cell research. This has been mainly because of its close and unavoidable link to life. When we came to believe that stem cell therapy for all monstrous ailments is around the corner, the moral police made its presence felt. After the famous WARF patents in the US,…

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image for Indian Performing Rights Society v. Eastern Indian Motion Pictures Ltd.

Indian Performing Rights Society v. Eastern Indian Motion Pictures Ltd.

Citation: AIR 1977 SC 1443, (1977) 2 SCC 820, [1977] 3 SCR 206 Facts: This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute were the Indian performing right society and the cinematograph exhibitors association of India. IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all…

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indian patent office

Request for Examination of a Patent Application – Mandatory Requirement in India

In the Indian patent system, a request to the patent office has to be made to process the application to the Examination stage. Unlike other countries like the USA, where the examination fee has to be paid at the time of filing itself, Indian Patent Act 1970 provides 4 years time frame to file and pursue the application to the examination stage. A request for examination has to be filed within 48 months from the date of priority (priority date here…

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