THE INTERRELATIONSHIP OF IPR AND COMPETITION LAW

“Innovation leads to more creations and this, in turn, bring more competition, but it gives exclusive rights as well to the one who comes up with that innovation, contrary to the competition law.”  This one line is giving the crux

A COMPARITIVIE STUDY ON PROTECTION FOR SOFTWARE COPYRIGHTABLE OR PATENTABLE?

INTRODUCTION “Expressions of idea is protected and not the idea in itself.” The copyright statue from the local legislative level to global level has reliably remained at the interstices of emanant advancement with extensive financial, social and the mechanical measurements.

Distinctive Character of Trademarks

Introduction A mark cannot be called as valid trademark if it lacks distinctiveness which is a core feature of Trademark Law. There are several theories on the assessment of distinctive character of trademarks. All these theories state that distinctive character

Doctrine of Equivalence

Introduction While adjudicating the infringement suits, courts do follow certain practices and doctrines. These doctrines are regularly used by the law courts, in deciding the infringement suits. In particular, the “doctrine of equivalence” plays an important role in deciding infringement

THE NEED TO PROTECT TRADITIONAL KNOWLEDGE (TK)

INTRODUCTION                   The existing and conventional intellectual property system is not able to protect TK as such it is. Each local and indigenous communities has their own distinctive and different identity, sometimes they do share similarities. These days the traditional and

DOMAIN NAME DISPUTE AND RESOLUTION MECHANISMS

INTRODUCTION The internet has brought a massive industrial revolution in the 19th century and is a vast expanding network of computers and other devices, enabling them to exchange and share the data. With the tremendous growth in digital media, the

ANALYSIS OF INTELLECTUAL PROPERTY LAW & HUMAN RIGHTS RELATION

INTRODUCTION Intellectual property regimes seek to balance the moral and economic rights of creators and inventors with the interests and needs of the wider society. An important justification for patents and copyrights is that incentives and rewards for inventors result

Biopiracy & Patents of Traditional Knowledge in India

This article presents the concept of biopiracy as a threat to traditional knowledge in India. The article also elucidates the protection of traditional knowledge offered by the Patents Act, 1970 and steps undertaken to develop a digital library of traditional

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