Search results
Results from the WOW.Com Content Network
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
Two Pesos, Inc. v. Taco Cabana, Inc. 505 U.S. 763 (1992) (Supreme Court applied trademark distinctiveness spectrum to trade dress, arguably giving official sanction to the merger of the requirements for trademark and trade dress, noting that inherently distinctive trade dress required no showing of secondary meaning.)
In India, landmark court decisions come most frequently from the Supreme Court of India, which is the highest judicial body in India. High courts of India may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court.
The key basis for the rejection was the part of Indian patent law that was created by amendment in 2005, describing the patentability of new uses for known drugs and modifications of known drugs. Section 3(d) of the amended Act, specified that such inventions are patentable only if "they differ significantly in properties with regard to efficacy."
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used ...
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
According to Articles 4bis and 6 (for patents and trademarks respectively), for foreigners, the application for a patent or the registration of a trademark shall be determined by the member state in accordance with their national law and not by the decision of the country of origin or any other countries. Patent applications and trademark ...
The economic effects of intellectual property reform in India is a complex subject area, and would require a separate detailed article. A beginning may be made by referring to Sunil Kanwar and Stefan Sperlich (2020), [18] who study the effect of intellectual property reform on technological advancement and productivity increases in manufacturing industry in the emerging market context of India.