Copyright © 2021 - Ex Gratia Law Journal

Intellectual Property Rights

Trademark Law: Civil and Criminal Remedies
Intellectual Property Rights

Trademark Law: Civil and Criminal Remedies

INTRODUCTION: Trademark is one of the components of intellectual property that ensures the protection of mark of the owner. Intellectual property is the development of human intellect in which any unique creation, idea, inventions, or mark is being protected. Intellectual property is legal right that is provided to the inventor of unique product for the protection of their right for a specific period of time. The intellectual property rights help people to declare or claim ownership over their creativity or inventions in various fields. The main objective of the intellectual property rights is to motivate or inspire the invention, ideas, which includes inventions, artwork, or technology for the effective increase in economic growth of the country. Intellectual property rights expand th...
Trademark Infringement: Effects and Remedies
Intellectual Property Rights

Trademark Infringement: Effects and Remedies

INTRODUCTION: A trademark is a category of intellectual property which consists of a sign, design, or expression which identifies respective products or services of a particular source from that of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity and image, trademarks are often displayed on the company buildings. In short, trademarks are used to identify the brand owner of a particular product or service. INFRINGEMENT: Trademark infringement is the unauthorized usage of a trademark, which may be identical or similar to the original trademark. When this situation arises, the owner of the trademark may take action aga...
Should Copyrights Protect Graffiti?
Intellectual Property Rights

Should Copyrights Protect Graffiti?

INTRODUCTION: Art is a versatile form of communication that talks louder than words. For years now, India has commonly been associated with murals much before the concept of street art or graffiti had become popular among Indian artists. It’s only recently that the concept of graffiti began to develop in the west mostly in urban settings. Indian culture has always been associated with indigenous artwork including the one on the streets but why is it that such artworks are barely registered as 'artist works' under copyright law? WHAT IS STREETART? Street art is popularly known as graffiti or 'vandalism'. Why the term Vandalism? Is it because of the rebellious act of putting an extreme perspective or as the textbook definition says deliberately destructing public surface due to a r...
Jurisdictional aspects of patent infringement suits
Intellectual Property Rights

Jurisdictional aspects of patent infringement suits

 Introduction; A patent is an exclusive right granted to an invention that satisfies the prerequisites such as novelty, inventive step and industrial application which makes it susceptible for patentability[1]. There are treaties such as the Patent Cooperation Treaty and Trips Agreement that establish patent jurisprudence which are ratified and recognized by countries such as India. There are many notable judicially created equitable doctrines such as Doctrine of Equivalents[2] , Pith and Marrow which are considered by both, the Intellectual Property Appellate Board and the Indian Courts while adjudicating issues regarding patent infringement. Importance of Jurisdiction; Indian courts are much concerned about whether they have got the jurisdiction to adjudicate the suits whe...