business

What is India’s Data Security Regime?

Introduction India’s privacy protection has been challenged regularly, but detractors have rarely offered detailed reform recommendations. Recently, there has been a lot of interest in addressing the privacy of personal information at both federal and state levels. India is not a signatory to any personal data privacy treaty comparable to the General Data Protection Regulation …

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How Can We Use Comparative Advertisements in India?

Introduction Comparative advertisements refer to advertisements wherein brands compare their own products/services with that of competitor’s and assert that their brand is superior or better than the competitor’s. It is a form of Commercial speech which is permissible under the fundamental right to freedom of speech and expression under Article 19 (1) (a) of the …

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How Do You Calculate of Damages Arising Out of Trademark and Copyright Infringement?

Introduction In India, when it comes to calculating the quantum of damages for IP infringement, there are no set parameters or guidelines so courts place reliance on existing broad principles and precedents. In the case of Microsoft Corporation v Deepak Raval, the Delhi High Court awarded only the damages actually claimed in the suit. In doing …

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How Can IP Owners Enforce Their Rights Across Borders?

Introduction Counterfeit goods are the replicas of the real product produced with the intent to take unlawful advantage of the goodwill and reputation of the real product. The unique geographical location of India with eight neighboring countries and a lengthy, porous border makes it more susceptible to counterfeit products. Counterfeit goods cause damage to rights …

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How Do GamePlays & Walkthroughs Affect Creator Rights?

Introduction Lately the entertainment industry has been coming up with a wide variety of content to ensure their users have a different experience from what they have experienced before. When it comes to games, several game development companies have been doing everything in their power to develop games that are more user interactive. User interactive …

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GI As a Tool for Rural Development

Introduction A Geographical Indication is a specific type of intellectual property that is bestowed on already-established potential Trademarks with an undeniable connection to the place of origin. Products which have a GI tag are famous and are protected under the principal name of the original production region or the country. Registration of GI is a …

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What Are Parallel Imports, and How Legal Are They?

Parallel Imports The term “parallel imports” causes consternation among brand owners and the general public. In actuality, the phrase “grey market goods” is deceptive, as it indicates that the things are “illegal” or “not original,” when they are not, as the only difference is in the distribution channels and the source. Parallel importation can be …

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