2. INTELLECTUAL PROPERTY RIGHTS
o It refer to the legal ownership by a person or business of an
invention/discovery attached to particular product or processes which
protects the owner against unauthorized copying or imitation.
Types Of IPR-
o patent
o copyright
o trademark
o design
3. WHAT IS A TRADEMARK?
oTrademarks are another familiar type of intellectual property rights
protection. A trademark is a distinctive sign which allows consumers to
easily identify the particular goods or services that a company provides.
Some examples include McDonald’s golden arch, the Facebook logo, and so
on. A trademark can come in the form of text, a phrase, symbol, sound,
smell, and/or colour scheme.
YES BRAND DESIGN NO
4. CASE LAW
M/S. Nandhini Deluxe vs M/S. Nandini Veg
11 June, 2020
(Plaintiff) (Defendant)
NANDHINI DELUXE NANDHINI VEG
5. CONCLUSION
o To conclude, IPR is prerequisite for better opportunities, planning,
commercialization, rendering, and thereby protecting the inventions or
creativities. It also enable them to reap commercial benefits from their
creative efforts or reputation by providing certain exclusive rights to the
inventors or creators of that property, like patent, copyright, trademark,
etc. The entire Trademarks Act, 1999 eliminates the inconvenient provisions of
the old act and of course has supported the rights of the traders and other
service providers significantly. It act as a sort of a warning to the infringers.
Positively, this new Indian Trademarks act facilitates the developments in
trading and commercial practices, increasing globalization of trade and
industry, the need to encourage investment flows and transfers of technology.
