ip law

How Do Patent Pools Affect Innovation?

What Are Patent Pools? A patent pool is a collaboration between two or more companies to cross-license their patents in a specific technology. This allows the use of related patents in the pool by the signatories of the contract, without the need for individual licenses or assignments. Patent pools were created because current products cover …

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Is Minor Usage of Media Material Copyright Infringement?

De Minimis in Copyright ‘De minimis’ refers to a trivial legal violation that is insufficient to warrant legal remedy – it follows from the legal maxim ‘de minimis non curat lex’ which translates into ‘the law does not concern itself with trifles’.  Where an act of potential infringement of a work has been deemed de minimis, …

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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 Do You Trademark Non-Traditional Marks in India?

Introduction In order to bolster their brand image and to attract the consumers companies have started adopting non-conventional trademarks in the recent years. Non-conventional trademarks are those trademarks which not only cater to the vision of the consumers but also other senses like olfactory, aural, etc. Smell mark, sound mark, shape mark or color marks …

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world, packages, transportation, trademark, imports, parallel imports

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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semiconductor circuit

Why Are Semiconductor Layouts Treated Differently Under the IP Regime?

Introduction An Integrated Circuit is a form of circuit in which various semiconductor devices like transistors, diodes etc. are connected in a pattern or layout in a tiny chip to carry out a specific function. Integrated circuits play a significant role in the advancement of technology, especially in electronics and information technology. Electronic devices that …

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How did Disney Influence US Copyright Law?

Copyright is what allows creators or authors have the exclusive right to reproduce their work in a public domain by authorization for a limited time frame, provided their work falls under the broad categories of literary, artistic, cinematographic, or musical works. Of all the IP types, copyright has the most extended default period of protection. …

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