INTRODUCTION
An Open Source Software is a type of software with a source code that can be modified, enhanced, and inspected by ANYONE. Source code is that part of a particular software program that empowers a person to alter how the software works or improve it by adding features or fixing parts that do not work properly. Differing from closed software%...Read More
Patent Pool has been an ongoing subject discussion from both legal and economic points of view. Pool in simple terms means Accumulation. A Patent Pool is defined as an agreement between two or more patent owners to license their patents to one another or to third parties. The patent pool mostly comes into play when an inventor gets stuck in complex technology that requires a complementary patent in or...Read More
INTRODUCTION
The basic objective of any competition policy is to ensure that there is legal entry/ exit of firms and smooth functioning of companies without the exercise of any malpractices. Some prominent anti-competitive practices are collusive bidding, abuse of dominant position, refusal to provide goods, exacting excessive prices for products, etc. which...Read More
In 2008, China laid down some basic guidelines for IP protection and a procedure for establishing centralized jurisdiction over some hi-tech cases, particularly patent litigation. Since, the issuance of the IP strategy, there has been a lot of developments made to the Chinese IP judicial system including the establishment of specialized IP courts in late 2014 in Beijing, Shanghai, and Guangzhou. In early 2017, Chi...Read More
In today’s context, bilateral FTA’s become a tool for corporates looking to expand their Intellectual Property Rights (IPR) standards. IPR gave the owner an exclusive right to prevent anyone from making or using their “creation” and confers monopoly rights over intangible goods and services, trademarks, computer programs, methods of doing business on the internet, designs%2...Read More
After the Toblerone chocolate war with Poundland, there is another matter of copying the design of chocolate. Hotel Chocolat produced its flagship chocolates ‘Slab’ which were alleged to be copied by Waitrose another chocolate selling company. A series of tweets suggesting that the selling of similar-looking chocolates created confusion in the minds of the consumers and made the consumers think that Hotel Chocolat is producing chocol...Read More
This case is a copyright infringement suit pertaining to software, filed by the Plaintiff before the Surat District Court. However, the was subsequently transferred to the Commercial Court at Vadodara following a revaluation.
In the instant case, the plaintiff claims to have a copyright in a rough diamond planning software called "Advisor" which the plaintiff claims to have been infr...Read More
Samsung is a South Korean multinational conglomerate based in Seoul. They have had their manufacturing units in six countries, namely, Vietnam, China, India, Brazil, Indonesia, and Korea. Recently, Prime Minister, Narendra Modi and South Korean President, Moon Jae-in have inaugurated Samsung Electronics Co. Ltd’s mobile phone factory in Noida. Spread over 35 acres, it is one the l...Read More
Human beings are full of desires. And an exchange has to be made for something against the fulfilment of those desires. This “something” can be highly unique, which gave rise to earlier forms of barter transactions, or it can be something more uniform, more acceptable, or more universal like currency. A desire is said to have been met when such exchange in the form of the transaction has been successfull...Read More
Compulsory Licensing is an authorization given to a person to use a patented invention without any permission from the patent holder of that invention. It is a boon for all the under-developed and developing countries, but the developed countries are against it. The reason is that the under-developed and developing countries do not have enough revenue to fund research; therefore, they favor a compulsory licensing regime. ...Read More
Intellectual Property (“IP”) is a valuable asset for a company to advance its commercial success and gain investor goodwill. A company’s patents give it an edge over other players in a market where new goods are introduced every day. Other IP assets such as trademarks and designs help set a brand apart from the rest of the products available in the economy. So, the legal protection provided by IP ri...Read More
The latest Bill is all set to bring about major changes in practice and filing of patent applications. The law proposes a mandatory disclosure of the Geographical Indication or Traditional Knowledge which has been used in order to form the patent. This means that one's the patent is developed using a prior GI or TK then complete information of its usage along with 'Prior Informed Consent' (PIC) and 'Mutually Agreed T...Read More