Well-Known Trademark

The phrase “well-known trademark” was originally defined in the Paris Convention for Protection of Industrial Property in the year 1883, when the standards for the safeguarding of well-known trademarks were considered but didn’t set down any conclusions.

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The distinctiveness of a trademark

When we think of a product, we instantly think of its brand and source. We even recall the classic slogans, logos, and colour scheme of the package design. The signs, logos, and slogans that give a product its identity are alluded to as its trademark.

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Trademark: Honest Concurrent Use

It is not possible to register a trademark that is identical or similar to an existing registered trademark. A trademark may not be registered if it is similar to a previous brand, according to Section 11 of the Trade Marks Act of 1999. This rule exists to avoid public misunderstanding about the ownership or provenance of the claimed items.

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IPR: Patent pools and competition law

In today’s era of modernisation, both intellectual property rights (IPR) and competition law are crucially relevant. It is often said that IPR and competition law are contrary to each other however this might not be the reality as the primary aim of both IPR and competition law is the accumulation of wealth. Patent pools can be understood as “the agreement between two or more patent owners to licence one or more of their patents to one another or the third party.”

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Trademark Vs Service Mark

Trademark and service mark are two different kinds of intellectual properties. Most Businesses use a unique identification that makes them stand out. These identifications are known as trademark or service marks.

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National IPR Policy, 2016 and its Objectives

The portion of the Indian constitution dealing with startups and intellectual property law (IPR) has always been embarrassingly thin. This appears to be an attempt to fill the hole in India’s intellectual property regime. The legislators made it a point to revise existing intellectual property legislation in cooperation with stakeholders. All of this was accomplished as part of the ‘Digital India’ and ‘Make in India’ programmes.

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The Challenging Relationship Between Contemporary Art And Intellectual Property Rights

Contemporary Art is still seen as a luxury in the era of the digital world. In 2018, the global art market was worth 67 billion US Dollars. This same market was 64 billion dollars in 2017, which indicates an increase in the valuation. With the increase in the valuation, it has been seen that more and more people are taking up jobs in the field of contemporary art. Contemporary art has also helped people to express their views and opinions through paintings et cetera. Intellectual Property Rights (IPRs) have helped in safeguarding the interests of the artists who took the pain to create art through their imagination and efforts. With the diversification of art forms and increase in competition, the artists need to have complete ownership rights over their work. 

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Geographical Indication as an Intellectual Property Rights

Geographical Indication or GI Tags is an Intellectual Property Right (IPR) given to a product that belongs to a specific location and holds the quality which is intrinsic or reputable due to its location. However, with regards to the example of Rosgulla, later it was asserted by a committee formed by the government of Odisha that Rasgulla has its origin in Odisha where it was offered at Jagannath Temple in Puri.

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Essentials of Drafting a Trademark

For famous and established people, their name or any symbol identifying them would be enough to recognize their entire identity. That is what happens to a brand when it gets popularized and gains goodwill among people. Their singular name or symbol attracts the audience, customers and admirers. Therefore, drafting a trademark becomes an essential part of their business.

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