IPR notes

Application for a patent in India, chapter 3 of patent act 1970

Trademark Registration refusal section 9 of TM act 1999. Section 9 absolute ground of refusal of TM, non distinctive, customary, generic words etc. Non distinctive character trade mark case, ITC v Registrar of TM In this case ITC v Registrar of TM, the kolkata High Court dismissed the appeal on ground funt word Simla and … Read more

Section 57 of the copyright act deals with the author’s special rights it is also known as moral rights. Rights of author’s in copyright after assignment, The author shall not have any Right to retain or claim damages in respect of adaptation of a computer. Computer programme to which clause (aa) of sub Section (1) … Read more

When Copyright infringed section 51 of the copyright act says, copy without license, breach of license, piracy of work, trade exhibits of work etc. Idea can be copy means inspiration can be obtain, but expression not. If expression is copied then it is copy and infringement of copyright work. Infringement means in general to overlap, … Read more

There is no any mandatory option to register the work by the author. But on Registration of copyright it became easy against infringement of work to claim. Register of copyrights Section 44 of copyright act 1957, A register which in prescribed form to be called register of copyright shall be kept at Copyright office. Entries … Read more

Section 13, of the copyright act 1957, in India. Works in which copyright shall subsists in the following classes of work. Subjects matter subsist in copyright The meaning of subsist in general term Continue in effect, जीवित रहना, प्रचलित रहना. In legal term, to exist, apply, or be relevant. Original literary Originality is required to … Read more