September 2019 Current Affairs
Legal

September 2019 Current Affairs

“Global Goalkeeper Award 2019 ” By: Bill and Milinda Gates Foundation Winner: PM Narendra Modi for Swachh Bharat

Continue Reading about 14 days ago
Sources of the Indian Constitution
Legal

Sources of the Indian Constitution

Indian Constitution is an essential and fundamental document that forms the basis of the Republic of India. It is the origin of the state, the government, citizenship, rights, liberty & justice. However, it is often criticized for not being original per se, because many of its provisions are borrowed from other countries.

Continue Reading about 16 days ago
Registration of Foreign Trademarks in India
Legal

Registration of Foreign Trademarks in India

The registration of a trademark in the domestic market is rather different from that in the international one as the benefits provided to the proprietor in both the cases differ significantly. The registration process provided for both of them is also different. Encouraging the registration of trademarks internationally was made possible because of the Madrid System. India consented to the system by becoming a signatory to the Madrid protocol and a member of the World International Property Rights Organisation (WIPO) in 2013.  

Continue Reading about 1 months ago
Changes in the Motor Vehicles Act
Legal

Changes in the Motor Vehicles Act

The Parliament of India passed the new Motor Vehicle Act in July 2019, and it ensured that it is all over the news once it came into force on the first day of September.  

Continue Reading about 1 months ago
Commercial Importance of Series Marks
Legal

Commercial Importance of Series Marks

Series marks or Series of trademarks refer to a plurality of marks which have either a common suffix or prefix. It is a relatively new concept, however, there are some provisions for it in the Trademarks Act of 1999. Series marks help form an association amongst the products as they fall within the same family of marks and distinguish them from the other range of products. These series of marks can be registered within one application whereby certain particular characters can be granted additional protection.

Continue Reading about 1 months ago
Certification Mark – An Authentication of Quality
Legal

Certification Mark – An Authentication of Quality

Often we come across advertisements of a Prestige cooker stating that the product is 'ISI certified' or a warning issued in public interest asking the buyer to check their jewelry for a 'hallmark.'

Continue Reading about 1 months ago
Which, What and How of Non-Profit Organisations
Legal

Which, What and How of Non-Profit Organisations

Non- Profit Organisations play a significant role as agents of change in the social and economic development of any country. Being a part of such organizations help us to fulfill so many noble objectives which creates a sense of happiness and fulfillment in our lives.

Continue Reading about 1 months ago
An Overview of the Consumer Protection Act ,1986
Legal

An Overview of the Consumer Protection Act ,1986

It was with the emergence of the free market economy that the concept of “consumer is king”, widely followed and accepted.  The 20th century was marked by the advent of consumerism where there were frequent trade wars and conflicts between market share holders with a constant need to be better than the rest. This resulted in stiff competition with the traders resorting to unfair trade practises & manipulating the customers and took advantage of the lack of knowledge of the purchasers.

Continue Reading about 1 months ago
What is The Motor Vehicles Act, 1988?
Legal

What is The Motor Vehicles Act, 1988?

The Law relating to Torts is based on the principle that every injury should have a remedy. The concept of compensation and providing damages step in at this very instance. “Compensation” is defined in Oxford dictionary as something signified to be given in recompense as opposed to the “damages” which is a value estimate.

Continue Reading about 1 months ago
Essentials of a Registrable Trademark
Legal

Essentials of a Registrable Trademark

A trademark is a unique sign which helps recognize certain goods or services as those manufactured by a particular individual or an enterprise. The origin of a trademark can be traced back to ancient times when artisans used their signature on objects that they had produced to distinguish their goods from that of another. For example, Coca Cola, Bata, LG, etc.

Continue Reading about 1 months ago
Collective Marks and their Advantages
Legal

Collective Marks and their Advantages

"Collective mark" means a trademark capable of distinguishing the goods or services of members of an organization of persons which are not a partnership within the ambit of the Indian Partnership Act, 1932, which is the owner of the trademarks from those of others, it is so defined in section 2(1)(g) of the Trade Marks Act, 1999. They are used by associations to relate themselves with a level of quality or accuracy. Associations have to ensure compliance of specific quality standards, only then the members can use the mark. The owner of the collective trademark can even be a public entity or a cooperative. The organization should be of a kind that is capable of suing and being sued. The primary purpose of a collective mark is to protect the consumer against misleading practices. Any group of people with a common goal may be considered a collective.

Continue Reading about 1 months ago
 How to Amend a trademark application
Legal

 How to Amend a trademark application

A trademark application, once submitted, can be subjected to specific changes to correct some information that had been provided by the applicant at the time of submission. The correction or an amendment to the application may be necessary for various reasons like incorrect entry or inaccurate filing of the trademark application. The Trade Marks Act 1999 and Rules 2002 authorize rectification of any error in the application made for a trademark. A wrongly registered mark or a mark wrongly remaining on the register may also be rectified under the Trade Marks Act.

Continue Reading about 1 months ago
What are different IPR Legislations and their implementation tools?
Legal

What are different IPR Legislations and their implementation tools?

The concept of Intellectual Property Rights can be traced back to the 15th century when Venetian Law in 1474 gave us insight into what the concept of patents was and later, it was the invention of the Guttenberg’s printing press in the same century that introduced us to the world of copyrights. The doors to Intellectual Property Law have remained open, ever since.

Continue Reading about 1 months ago
Analysis of the Ayodhya (Ram Mandir-Babri Masjid) Case
Legal

Analysis of the Ayodhya (Ram Mandir-Babri Masjid) Case

This judgment was noted for it being long-drawn and was found to be driven with a lot of emotions and religious sentiments coming into play, with episodes where any bit of coherence was almost impossible to find. This movement that was motivated with the concept of RamJanmabhoomi at the forefront sparked with the demolishment of the Babri Masjid in 1992 was labelled to be an embodiment of the ‘annexationist propaganda of faith’ and rightly so.

Continue Reading about 1 months ago
Upcoming Challenges in IPR and the Way Forward
Legal

Upcoming Challenges in IPR and the Way Forward

The modern global society is propelled forward by the power of ideas and the wavelength of those ideas. All of its aspects and especially, the economy, is heavily dependent on the nature and uniqueness of ideas. Such ideas had a far-reaching propensity to drive a dynamic society forward and that driving force resulted in the prominence of Intellectual Property Rights (IPR) .and the laws relating to it.

Continue Reading about 1 months ago
Analysis of One Nation, One Election
Legal

Analysis of One Nation, One Election

With large scale implications on the Indian political scenario,“simultaneous elections” are two words that have been doing the rounds on media and have caught the attention of millions of political enthusiasts all over the country and across the globe. This concept was merely a proposal to conduct both the State Assemblies elections and the Lok Sabha polls at the same time. Instead of having multiple elections throughout the span of five years, it was proposed that the elections could be held once in five years. It could either be held in one single phase or multiple phases for the purpose of practicality.

Continue Reading about 1 months ago
What are the principles on Which WTO Functions?
Legal

What are the principles on Which WTO Functions?

Everybody knows WTO as that body which governs the global trade. Though it might not be because it regulates international trade only between the member states. Since there are 160 members and 95% of the world trade, it is more or less accurate that WTO is the regulator of international trade. 

Continue Reading about 1 months ago
9 Best Practices on Contract Vetting
Legal

9 Best Practices on Contract Vetting

If you look at two different agreements for similar purposes, let's say two sale purchase agreements or two credit agreements, you will find them to be similar to quite an extent. On the surface, drafting agreements seems like an easy job once you know the format and essential clauses.

Continue Reading about 1 months ago