Design

January 31, 2025
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Marking Registered Designs: A Legal Necessity or Mere Formality?

Design marking is a method used by proprietors to indicate that their article is protected by design rights. It involves “marking” an article to inform the public that the article in question is the subject of a registered design. In this regard, Indian courts have also occasionally examined whether design marking is essential or not, […]

December 23, 2024
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The Intersection between Indian Copyright and Design Laws

Introduction The inherent nature of intellectual property often leads to overlapping rights for an owner over the same subject matter. This creates challenges for enforcement agencies in ensuring that these rights coexist smoothly and in setting consistent legal precedents. One such area of uncertainty arises between copyright and design law, particularly with regard to artistic […]

December 2, 2024
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Trans-Border Reputation of Trademarks

Introduction In today’s globalized economy, a trademark can transcend borders, influencing consumer choices worldwide. Yet, when it comes to legal protection, does a trademark’s global reputation hold weight in a specific jurisdiction? Indian courts have grappled with this question in landmark cases over the years. A trademark is any word, name, symbol, or design that […]

November 8, 2024
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Ensuring Patent Claim Integrity: Options for Correcting Errors in Indian Patent Applications

Background In patent applications, precise and accurate claims are vital, as they define the boundaries of protection the patent will offer. Yet, clerical errors occasionally appear, ranging from minor spelling or grammatical mistakes to misstatements in technical parameters. Correcting these errors is crucial because they can impact a patent’s scope, and sometimes even its enforceability. […]

November 6, 2024
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Intellectual Property Essentials for Indian Startups

Introduction India has swiftly emerged as one of the world’s top startup ecosystems, driven by government policies, a large and youthful population, and increasing digital penetration. According to the Economic Survey, the country now ranks as the third-largest startup ecosystem globally, behind the United States and China. Notably, Indian startups are recognized for their innovation, […]

October 8, 2024
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At a Glance: Design Registration in India

Introduction In today’s highly competitive market, the visual appeal of a product can be just as important as its functionality. From the sleek curves of a smartphone to the distinct contour of a bottle, a product’s design plays a pivotal role in shaping its identity and market success. Design registration offers a legal mechanism to […]