It is a commonly accepted principle that grant of a patent entitles the proprietor of the patent to file an action for infringement of the granted patent. Most readers of this article would agree with this principle on first blush. After all, this is what we have all been told by one and all, including by most patent litigators.
Read MoreThe recent spate of news articles on the grant of Geographical Indication (“GI”) protection for “Rasogolla” to the State of West Bengal and the resulting anxiety and concern expressed by the State of Orissa has seen the law of Geographical Indications take centre-stage.
Read MoreSometimes, it’s the little things that can decide whether an action for infringement and/or passing off of a trade mark succeeds or not. These ‘little things’ are, often, a consequence of ill-thought out and unplanned actions taken before the Trade Marks Registry.
Read MoreIn commerce today, commercial documents routinely deal with intellectual property rights of various descriptions as part of the overall transaction. This can be said of mergers, acquisitions, joint ventures, the setting up of special purpose vehicles, technology transfer and sharing agreements, technical tie-ups, licensing, amongst others. The range of fields of activity that could possibly be covered by any one or more of these is limited by nothing but our own imagination. I
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