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IPR Amicus: November 2021

A domain name can be used to uniquely identify an entity and can function as a source identifier on the world wide web. Elaborating on the anatomy of a domain name and the its registration, the author points out that second-level ‘names’ of the domain names are registerable under the Trade Marks Act, 1999 however, the authorities register domain names on a ‘first come first serve’ basis, sans a thorough conflict check.

IPR Amicus: October 2021

The article in this issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court wherein the Court clarified that the mere coverage in every case does not result in obviousness. It also confirmed that the patent applications related to selection inventions may be granted, provided they satisfy three conditions.

IPR Amicus: September 2021

The article in this issue of IPR Amicus analyses an Order by the Intellectual Property Appellate Board (IPAB) on the issue of patent eligibility of computer-related inventions under Section 3(k) of the Patents Act.

IPR Amicus: August 2021

The article discusses the increasing trend among companies and individuals to go for unconventional or non-traditional trademarks. The authors note that while colour, sound, shape of goods, smell, motion, taste, touch/texture, and hologram marks are recognized in foreign jurisdictions...

IPR Amicus: July 2021

The article in this issue of IPR Amicus discusses the puzzle in choosing between the ‘Rule of Anti-Dissection’ and the ‘Rule of Dominant Feature’, both being used at present while adjudging the deceptive similarity between two composite trademarks.

IPR Amicus: June 2021

The article in this issue of IPR Amicus discusses an IPAB decision wherein the Appellate Board has set aside the revocation order which was a result of post-grant opposition proceedings.

IPR Amicus: May 2021

Considering the situation of shortage of drugs and other resources to combat Covid-19, India and South Africa have jointly requested for a TRIPS waiver.

IPR Amicus: April 2021

Comparative advertisement may often lead to a legal tussle under the Indian Trademark Law. The article in this issue of IPR Amicus discusses elaborately the recent decision of the Single Judge of the Bombay High Court in Hindustan Unilever Limited and Another v. USV Private Limited which has since been upheld by the Division Bench and maintained by the Supreme Court.

IPR Amicus: March 2021

A registered proprietor of a trademark is required to remain cautious with respect to misuse of the trademark by others, failing which the registered proprietor may be disentitled from taking any legal action against the alleged offenders.

IPR Amicus: February 2021

The article in this issue of IPR Amicus discusses elaborately a recent decision of the Delhi High Court on the question as to whether the communication of a sound recording to the public also amounts to communication of the literary and musical works embodied in the sound recording to the public.