The inventive step requirement is the most subjective and complex of all patentability requirements. Under the Indian Patents Act, the assessment of the inventive step includes two aspects, technical advance or economic significance; and non-obviousness. Inventive step is simply one or a few special features of an invention that involves technical advancement when compared to the already existing knowledge or having more economic significance or in few circumstances both, which makes the inventi...

A product or process will be considered as an invention under the Patents Act only if it is novel and inventive. Novelty simply means newness based on what is existing as of the priority date of the patent application. An invention will be considered to be novel if it is different from what is already existing, which is referred to as ‘prior art.’ Novelty is always assessed in the light of a single prior art reference at a time, and prior art references are not combined for novelty analysis....

MARICO LIMITED v. ABHIJEET BHANSALI In this case Mr. Abhjeet Bhansali (Social Media Influencer) who tested and shared with the viewers to find out that the quality of the coconut oil. He showcased that after refrigeration the organic coconut oil is transparent and the Marico Limited’s product has a much yellowish tint. He further draws the conclusion that the Marico Limited’s product is not generally unrefined and is a much more inferior in the quality of the cold-pressed coconut oil and th...

Intellectual property is an intangible property that consists of creations of the mind, like inventions, designs, names utilized in businesses, and artistic works, among others. As an entrepreneur, safeguarding your property is one of the foremost important formalities to finish when starting your business. These properties are protected by the law, which keeps other companies and persons from infringing on them. The following are the important aspects of intellectual properties. Trademarks A ...

IPR plays a huge part in the Fashion Industry, It is the one place where the brands are being identified by their designs. We all know the way the 3-stripes of Adidas are being misused by many to sell to the lesser knowledge buyers. But it is ok for a big brand like Adidas to let some unethical manufacturers copy bits to make a minor profit, but when you are making a breakout in the fashion industry of fashion it is important that your product has been given the right protection. You owe that bi...

Plagiarism is meant to be the miss appropriation or in simple words theft of content and publishing it in another author’s name and simultaneously stealing the creativity, expressions, and ideas by publishing it as one’s original work. Plagiarism turning into a gigantic problem in this era of modern writing. We simply live in a society where people don’t hesitate to cheat on other people to take their work without a shred of doubt or guilt. When a writer gets down to work the use of their ...

Plagiarism is meant to be the miss appropriation or in simple words theft of content and publishing it in another author’s name and simultaneously stealing the creativity, expressions, and ideas by publishing it as one’s original work. Plagiarism turning into a gigantic problem in this era of modern writing. We simply live in a society where people don’t hesitate to cheat on other people to take their work without a shred of doubt or guilt. When a writer gets down to work the use of their ...

MARKET SURVEY IN TRADEMARK — JUDICIAL LENS: Be it business or Politics, Surveys are important. Trademarks are vital for the business in a way that they contribute directly towards the growth of the business by boosting its viability and visibility in the particular industry. You say it Psychology, we say it a business tactic that consumers prefer products and services from the brands which are trademarked, reason being- It is believed that when you trademark your name or logo, you create a po...

Just like any other trademark, the process of registration of the logo is also straightforward and simple. Brand registration helps the business owner preserve its reputation from being used by others to get authorized gain from the brand reputation. Again, not protecting your brand can keep you from getting legal protection if any third party uses your brand name to mark his industry entry. It is a common belief that legal actions can be taken even if the registration is not done. It is true...

Having a business name carved out of the family name is a common and prevalent practice in India. The urge to carry the family name in everything is the most illogical but popular system prevailing. They name the business out of their surname and intend to claim rights over the name. Every year more than thousands of trademark applications are filed to claim exclusive rights over the surname, and interestingly, few of them got registered. This may come as a surprise but it is also interesting t...

A trademark can be described as a word, name, symbol, design, or combination of elements used in trade regarding goods and services to indicate the connection with goods or services and differentiate it from existing goods and services. The trademark’s primary function is to give purchasers information about the manufacturers or quality of goods and services. Registration of a trademark is a simple and easy process. The Trademarks Act,1999 and the Trademark Rules, 2002 govern the law on the tr...

Infringement and passing off are two pillars of trademark litigation. Trademarks are any logo, design, graphical presentation of marks, a combination of logo and words or words with unique appearance (font style, font types). When any third party apart from the original owner of the mark that is the mark’s proprietor, uses the mark without prior authentic permission of the owner- it constituents the Act of infringement or passing off. The modus operandi of both these concepts is the same, a...