Court : Delhi
Reported in : 2012(5)CTC(IP)1
..... in the trade marks act,1999, patent as defined in the patents act, 1970, design as defined in the designs act, 2000 and geographical indications as defined in the geographical indications of goods (registration and protection) act, 1999; (c) intellectual property law means the copyright act, 1957, the trade marks act,1999, the patents act, 1970, the designs act, 2000 or the ..... no. 51/2010-cus(nt), dated 30.06.2010 prohibits import of goods infringing specified provisions of trademarks act, copyrights act, designs act, geographical indications act and patent act subject to following the procedure prescribed under the intellectual property rights (imported goods) enforcement rules, 2007 (ipr rules) issued under notification no. 47/ 2007- cus.(nt), dated 08.05.2007. ..... is to be regarded as the owner of protected intellectual property right, its successors in title, or its duly authorized exclusive licensee ..... geographical indications of goods (registration and protection) act, 1999 ; (d) "right holder" means a natural person or a legal entity, which according to the laws in force .....Tag this Judgment!
Court : Kolkata
..... user; (j) provisions for higher level of protection for notified goods; (k) prohibition of assignment, etc., of a geographical indication as it is a public property; (l) prohibition of registration of geographical indication as a trade mark; (m) appeal against registrar's decisions would lie to the intellectual property appellate board established under the trade marks legislation; (n) provision relating to offences and penalties; (o) provision detailing ..... , add to the economic prosperity of the producers of such goods and also promote goods bearing indian geographical indications in the export market. unless a geographical indication is protected in the country of its origin, there is no obligation under the agreement on trade related aspects of intellectual property rights (trips) for other countries to extend reciprocal protection. india would, on the other hand, be required ..... the effects of registration and the rights conferred by registration; (p) provisions for reciprocity, powers of the registrar, maintenance of index, protection of homonymous geographical indications, etc. 3. the bill seeks to achieve the above .....Tag this Judgment!
Court : Intellectual Property Appellate Board IPAB
..... craftsmanship of the ring has been handed down from generation to generation. in intellectual property right related matters be it g.i., patents or trademarks the dispute is really not inter-partes alone, there is always the issue of public interest. the geographical indication registrar and this board must protect this public interest. the history of the ..... and development society. the applicant payyannur pavithra ring artisans and development society claimed to be a registered association of the producers and traders of the ring. the geographical indication identifies and indicates the manufactured goods as originating in payyannur. 3. one k. balakrishnan, the proprietor of lakshmi jewellery filed his opposition. according to him, the pavithra ring ..... . 34. the registrar shall hear all the parties. the respondent may furnish evidence that it is an association of producers, who are desirous of registering the geographical indication. the application for registration of appellations of origin in the countries in europe follows upon voluntary initiatives by registered producers. these countries have the longest history of ..... and to the choovatta valappil tharawad. according to him, except the tharawad members nobody else had the genuine right to make the payyannur pavithra ring and the geographical indication registration has been obtained by a back door method by forming a society called payyannur pavithra ring artisans and development society. according to him only choovatta valappil .....Tag this Judgment!
Court : Delhi
..... are quoted below:- "5.1.6 intellectual property rights india is a signatory to the agreement on trade related aspects of intellectual property rights (trips). trips agreement covers nine categories of intellectual property: copyright and related rights trade marks including service marks geographical indications industrial designs lay-out designs of integrated ..... circuits trade secrets patents patenting of micro-organisms and new plant varieties (seeds and other propagating material) 5.1.7 all forms of intellectual property have the potential to raise competition policy/law problems. intellectual property ..... competition law, planning commission, government of india' which indicated that while exclusions from the applicability of section 3 had been provided in certain cases, cci would be empowered to look into the reasonableness of the restraints while exercising intellectual property rights. mr. kathpalia also controverted the contention that ..... phones are imported by micromax. this court also directed the custom authorities to decide ericsson's objections, if any, in accordance with intellectual property rights (imported goods), enforcement rules, 2007 till further orders. in addition, the court also appointed a local commissioner to inspect the .....Tag this Judgment!
Court : Allahabad
Reported in : 2007(2)AWC1093
..... architectural designs. it lies in description of some.. industrial property, which includes inventions (patents), trademarks, industrial designs and geographic indications.26. india is a member of the world trade organisation (w.t.o.) and is bound by 'agreement on trade and related aspect of intellectual property rights' (t.r.i.p.s.). she had to ..... amend laws accordingly and according to the government this has been done. at present, we are protecting i.p.rs. under the following specific statutes dealing with them:(i) the biological diversity act, 2002.(ii) the copyright act, 1957. (iii) the design act. 2000.(iv) the geographical indications ..... of the 'patents or proprietary medicines', it will be instructive to have a bird's eye view of the law relating to patents and trade marks.intellectual property rights (i.p.rs.):24. about a century ago, paterson, j. in university of london v. university of tutorial process ltd. 1916 (2 ..... yatindra singh, j.1. the controversy involved in these two writ petitions revolves around two of the intellectual property rights (i.p.rs.) namely patents and trade marks; it also involves their interplay with the drugs and cosmetics ..... the disputed drugs in these names is quashed. however, it will be open to the contesting respondent to:(i) file suitable application as indicated in the discussion under fourth point relating to relief,(ii) obtain the licence in the name which is not trade mark of any other .....Tag this Judgment!
Court : Delhi
..... to the service industry including outsourcing services and financial services; (xiv) mercantile agency and mercantile usage; (xv) partnership agreements; (xvi) technology development agreements; (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; (xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natural ..... dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force of such general words, without any indication of a particular intention to do so." in a later case, viscount haldane said: "we are bound... to apply a rule of construction which has been repeatedly laid down and ..... commercial dispute shall not cease to be a commercial dispute merely because- (a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property; (b) one of the contracting parties is the state or any of its agencies or instrumentalities, or a private body .....Tag this Judgment!
Court : Mumbai
..... to the services industry including outsourcing services and financial services; (xiv) mercantile agency and mercantile usage; (xv) partnership agreements; (xvi) technology development agreements; (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; (xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natural ..... its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend. (b) if the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence although not a positively good defence the plaintiff is not entitled to sign judgment and the defendant is entitled ..... commercial dispute shall not cease to be a commercial dispute merely because (a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property; (b) one of the contracting parties is the state or any of its agencies or instrumentalities, or a private body .....Tag this Judgment!
Court : Chennai
..... in different jurisdictions and how the world intellectual property organization (wipo) has taken serious note of the disputes arising in several jurisdictions.49. at its 23rd session held in geneva from june 30 to july 02, 2010, the standing committee on the law of trademarks, industrial designs and geographical indications (sct) of the wipo requested the ..... which is filed by them, the search engine has stated as follows:- trademarks google recognizes the importance of trademarks. our adwords terms and conditions with advertisers prohibit intellectual property infringement by advertisers. advertisers are responsible for the keywords they choose to generate advertisements and the text. google takes allegations of trademark infringement very seriously and, ..... a-vis adwords. the relevant portion of the policy reads as follows:- "google recognises the importance of trademarks. our adwords terms and conditions with advertisers prohibit intellectual property infringement by advertisers. advertisers are responsible for the keywords that they choose to generate advertisements and the text that they choose to use in those advertisements. ..... normally entered into with the search engine, not to advertise anything illegal nor violate or encourage violation of any applicable laws or third party rights including intellectual property rights.23. according to the first defendant, the advertisements on their website are governed by a defined set of policies. the advertisement policy of the first .....Tag this Judgment!
Court : Delhi
..... host of other issues led to the formulation of the uniform domain names dispute resolution policy ('udrp') as a result of consultations between the world intellectual property organisation ('wipo') and the internet corporation for assigned names and numbers ('icann'), a non-profit organisation managing the dns. the udrp which was ..... .132 of 2007 page 6 of 27 website is located and '.in' is the top level domain name ('tld') which in this case is indicative of the geographical location of the website i.e. india. '.in' is in fact a country code top-level domain ('cctld') as contrasted with a generic ..... mechanism before administrative panels of the wipo arbitration and mediation center..15. the task of registering domain names world-wide has now been divided geographically but the basis of registration continues to be 'first- come-first served'. in india, nixi, a company registered under section 25 of ..... by the arbitrator to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that the registrant has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to ..... organisation or entity whose website is being accessed and can therefore be easily remembered. for example, the domain name nic.in is meant to indicate it to be that of the national informatics centre of the government of india. a domain name can be divided into levels. for example, .....Tag this Judgment!
Court : Gujarat
Reported in : LC2010(1)217
..... mark. sub-section (2) of section 30 specifically states that a registered trade mark is not infringed where the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering or services or other characteristics of goods or services. if the appellant's contentions were accepted that ..... of another person shall not be registered. however, section 9(1)(b) says that the trade marks which consist exclusive of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service shall ..... per section 9(a) and (b), when any trade mark is devoid of any distinctive character or when the said trade mark gives indication which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical road etc. of the goods, the same can be the absolute ground for refusal of the registration. since the trade mark of the ..... injunction is an equitable relief. a person had kept quiet for a long time and allowed another to deal with the property exclusively, ordinarily would not be entitled to an order of injunction. the court will not interfere only because the property is a very valuable one. grant or refusal of injunction has serious consequences depending upon the nature thereof. the courts .....Tag this Judgment!