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In this, you will learn about the competition act, its feature and some cases on competition act,2002.
I hope, this presentation will help you in your work or helps you to enhance your knowledge.
This is and Corporate Law topic which I have covered.
Trademark infringement and passing off remediesSolubilis
Trademark Infringement and Passing off remedies is all we are going to see here. Keep your eye on this article to know the remedies for infringement and passing off.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
In this, you will learn about the competition act, its feature and some cases on competition act,2002.
I hope, this presentation will help you in your work or helps you to enhance your knowledge.
This is and Corporate Law topic which I have covered.
Trademark infringement and passing off remediesSolubilis
Trademark Infringement and Passing off remedies is all we are going to see here. Keep your eye on this article to know the remedies for infringement and passing off.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Dr. Tabrez Ahmad Presentation on Legal Education Challenges and Reforms in 21...Prof. (Dr.) Tabrez Ahmad
Legal Education Challenges & Reforms in 21st Century
. Presentation made by Dr. Tabrez Ahmad during the all India Seminar on Global Legal Education by Confederation of Indian Bar
In Association with KIIT
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Geographical indications international & national perspective with specia...Vidya Menon
What is a geographical indication? Conceptual analysis and its evolution, laws-international and national for its protection, problems and challenges along with case studies and empirical study conducted within the state of Kerala.
Aji Kadhasnah, Protection of Well Known Trademark and Cancellation of Tradema...Aji Kadhasnah Putera
Definition of trademark
Article 1 point 1 of Law No. 20 of 2016 on Trademark and Geographical Indication:
A trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sounds, holograms, or a combination of 2 (two) or more such elements to distinguish goods and/or services produced by people or legal entities in the trading activities of goods and/or services.
Legal Basis on Trademark
1. Law No. 20 of 2016 on Trademark and Geographical Indication as amended by Law No. 11 of 2020 on Job Creation Law (“Trademark Law”);
2. Ministry of Law and Human Rights Regulations No. 67 of 2016 on Trademark Registration (“MOLHR No. 67/2016”);
3. Ministry of Law and Human Rights Regulations No. 12 of 2021 on Amendment of MOLHR No. 67/2016 (“MOLHR No. 42/2016”);
4. Ministry of Law and Human Rights Regulation No. 42 of 2016 on Electronic Intellectual Property Application Service (“MOLHR No. 42/2016”);
5. Government Regulation No. 60 of 2021 on Types and Rates on Types of Non-Tax State Revenues Applicable to State Administrative Institutions (“GR 60/2021”);
6. Trade-Related Aspects of Intellectual Property Rights (“TRIPS”);
7. The Madrid Protocol
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
Dr. Tabrez Ahmad Presentation on Legal Education Challenges and Reforms in 21...Prof. (Dr.) Tabrez Ahmad
Legal Education Challenges & Reforms in 21st Century
. Presentation made by Dr. Tabrez Ahmad during the all India Seminar on Global Legal Education by Confederation of Indian Bar
In Association with KIIT
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Geographical indications international & national perspective with specia...Vidya Menon
What is a geographical indication? Conceptual analysis and its evolution, laws-international and national for its protection, problems and challenges along with case studies and empirical study conducted within the state of Kerala.
Aji Kadhasnah, Protection of Well Known Trademark and Cancellation of Tradema...Aji Kadhasnah Putera
Definition of trademark
Article 1 point 1 of Law No. 20 of 2016 on Trademark and Geographical Indication:
A trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sounds, holograms, or a combination of 2 (two) or more such elements to distinguish goods and/or services produced by people or legal entities in the trading activities of goods and/or services.
Legal Basis on Trademark
1. Law No. 20 of 2016 on Trademark and Geographical Indication as amended by Law No. 11 of 2020 on Job Creation Law (“Trademark Law”);
2. Ministry of Law and Human Rights Regulations No. 67 of 2016 on Trademark Registration (“MOLHR No. 67/2016”);
3. Ministry of Law and Human Rights Regulations No. 12 of 2021 on Amendment of MOLHR No. 67/2016 (“MOLHR No. 42/2016”);
4. Ministry of Law and Human Rights Regulation No. 42 of 2016 on Electronic Intellectual Property Application Service (“MOLHR No. 42/2016”);
5. Government Regulation No. 60 of 2021 on Types and Rates on Types of Non-Tax State Revenues Applicable to State Administrative Institutions (“GR 60/2021”);
6. Trade-Related Aspects of Intellectual Property Rights (“TRIPS”);
7. The Madrid Protocol
WHAT CHANGES TO TRADEMARK PROSECUTION AND LITIGATION WERE EFFECTUATED BY THE ...Omni LegalGroup
Know more about the changes to trademark prosecution and litigation were effectuated by the Trademark Modernization Act of 2020 on Omni legal group blogs.
Texto Consolidado del ACTA, "Anti-Counterfeiting Trade Agreement (ACTA, Acuerdo comercial anti-falsificación)" que afecta muy seriamente los derechos de todos los usuarios de todo tipo de dispositivo capaz de manipular obras con copyright.
http://es.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement
LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Introduction - CRM- Definition, Emergence of CRM Practice, Factors responsible for CRM growth, CRM process, framework of CRM, Benefits of CRM, Types of CRM, Scope of CRM, Customer Profitability, Features Trends in CRM
, CRM and Cost-Benefit Analysis, CRM and Relationship Marketing.
Are the rights and obligations arising from a license transferable under Arti...Michal
The judgement of the Supreme Court here described refers to the acquisition
of rights arising from a license by an entity which has acquitted a state enterprise
as a result of direct privatization, pursuant to Article 40 of the Act of 20 August
1996 on Privatization and Commercialization1 (hereafter PCA). In the event the
aforementioned acquisition occurs, the purchaser shall become the subject of the
rights and obligations under the license; inter alia the purchaser is eligible to request
performing the amendment of the decision which granted the license under Article
155 of the Code of Administrative Procedure.
Here we are going to see Challenges Faced in the Protection of Patent Rights – Patent Registration in Coimbatore to make you understand in a very clear manner.
We Solubilis one of the best professional companies register your IECode registration in Chennai. We have more than 5 years of experience in application of IE Code. Our team of professionals and dedicated individuals aims for the clients to be satisfied for our service.
We Solubilis one of the best professional companies register your IECode registration in Chennai. We have more than 5 years of experience in application of IE Code. Our team of professionals and dedicated individuals aims for the clients to be satisfied for our service.
What is Importer Exporter Code (IEC)
Ie code registration in chennai convertedSolubilis
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We are the leading corporate service provider in Coimbatore namely "Solubilis Corporate Services" . We offering services at low cost within specified time period.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. REGISTRATION OF TRADEMARK FOR
SERVICES
It is mentioned in preamble and Section 2(1)(z) of the Trademarks Act,
1999. As set out in the preamble, the new law provides features for
registration of trademarks for services, in addition to goods, the need
for which was greatly felt with the growth of the service sector in this
country. Further, it is obligatory on India to provide facility for
protection of trademarks in respect of services under the Paris
Convention [Article 1(2), read with Article 6] and for registration
under the TRIPS agreement [Article 15(4) of which India has since
become a member. Consequently, the law contains a comprehensive
definition of the expression “services” and provides for registration
of trademarks for services in addition to goods.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
4. ENLARGEMENT OF DEFINITION OF
TRADEMARKS
The definition of Trademarks has been enlarged, so
as to bring the law in conformity with the current
trend all over the world. Being an inclusive
definition, it is only illustrative features and it
follows that even something not falling into one of
these categories may be regarded as
a trademark for the purpose of the Act.
W W W. O N LI N E T R A D E M A R K R E G I S T R AT I O N . I N
5. REGISTRABILITY OF TRADEMARKS
SIMPLIFIED
For registrability, the mark will have to be capable of
distinguishing the goods or services of the applicant from
those of the others. Thus the test of registrability
of trademarks under the new act will generally be similar to
what was necessary to secure a registration in Part B of the
register under the old Act. Any mark which is revealed to be
distinctive in fact by usability will eligible for registration
under the law, since it does not considered being necessary as
under the old law that the mark must also be changed to
differentiate a concept eliminated in the current law.
W W W. O N LI N E T R A D E M A R K R E G I S T R AT I O N . I N
6. ENHANCED PROTECTION FOR WELL-
KNOWN TRADEMARKS
With a view to significantly enhance protection to well-
known trademarks, the Act incorporates a definition of the
expression “well-known trademark” (in section 2(1)(zg). Further,
the law seeks features to prevent registration of trademark, which
are imitations of well-known marks, by enlarging the grounds for
refusal of registration under Sections 9 and 11 of the Act. The
proprietor of well-known mark will be entitle to prevent use of
identical or similar trademark in connection with goods or services,
though not similar to those for which the mark is registered, where
such use is without due cause, would take unfair advantage of or to
be detrimental to the distinctive character or reputation of the well-
known trademark.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
8. DEFENSIVE REGISTRATION SYSTEM IN
1958 ACT OMITTED
Now that the law provides enhanced protection to well-
known trademarks, the system of defensive registration as under
the 1958 Act, which was in any case limited only to “invented
words” became redundant. The present Act, therefore omits the
provision relating to “defensive registration”, while amplifying the
features to be considered for determining a well-known mark.
Section 159 enacts that a defensive registration effected under
section 47 of the Trade and Merchandise Marks Act, 1958 will
cease to have effect on the date suddenly after the expiry of five
years of the commencement of the new Act or after the expiry of
the period for which it was registered or renewed, whichever have
priority.
W W W. O N LI N E T R A D E M A R K R E G I S T R AT I O N . I N
9. PART A AND PART B REGISTRATION
SYSTEM ABOLISHED
Under the 1958 Act, the law provided for Trademark registration in
Part A or Part B. In Part A were registered marks which were
distinctive, namely, those which were considered to be “adapted to
distinguish” and Part B Consisted of marks which were considered
as “capable of distinguishing” the goods. The new Act has
terminated the system of carrying the two-part registration
of trademarks in Part A and Part b within the various different legal
rights, and to give only a single register with brief procedure for
registration of marks and with equal rights. With the merger of Part
A and Part B of the register into a single register, the provision for
presumption of conclusive validity of a trademark after 7 years as
contained in former section 32 has been omitted, as being
redundant.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
10. PERIOD OF RENEWAL MODIFIED
Under the 1958 Act, trademark registration was
required to be renewed for successive periods of 7
years for its maintenance. Under the Trademarks
Act, 1999, the registration is for a period of 10 years
and so the renewal of registration is also provided
accordingly
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
12. FILING MULTI CLASS APPLICATIONS
PERMITTED
Unlike under the earlier law, which required that an application to
register a trademark must be in respect of goods falling only one
class of the 34 classes of goods, the new legislation enables an
applicant to file a single application for registration of the same mark
in respect of goods or services falling in more than one class. Now
goods and services are classified in 45 classes. In other words, the
law facilities and features for registration of the same mark in several
classes by means of a single application. However, the fee payable
will be in respect of each class of goods or service.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
13. LAW CONCERNING REGISTRATION OF
REGISTERED USERS SIMPLIFIED
The definition of permitted user has been substantially changed to
cover use of the mark both by registered user and unregistered
common law licensee, who is in any case entitled to use the mark by
virtue of the agreement with the registered proprietor. Consequently,
the procedure for registration of registered user has been greatly
simplified to encourage and facilitate such registration. Since the
official scrutiny of such applications will be confined only to matters
directly related to such registration and not extended to extraneous
considerations, such as “development of industry. Trade or
commerce” as under the 1958 Act, the authority to register such
licensing agreement is transferred from “Central Government” to the
legitimate authority, viz the Registrar of Trademarks.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
14. FEATURES FOR REGISTRATION OF
COLLECTIVE MARKS
The new Act has introduced a set of provisions and
features for registration of “collective mark” which
belongs to a group or association of persons, whose
use is reserved for members of the group or
association of persons. Collective marks would
serve to distinguish characteristic features of the
products or services offered by those enterprises.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
16. APPEALS FROM REGISTRAR TO LIE TO
APPELLATE BOARD, INSTEAD OF HIGH
COURT
Appeals from orders or decisions of Registrar which had to be filed
before the high Court having the jurisdiction as defined under the old
Act, would no longer lie to such High Courts, but would lie before
the Intellectual Property Appellate Board, constituted by
Trademarks Act, 1999. The Act explicitly bars any court or authority
from exercising jurisdiction, powers or authority in relation to
appeals [vide section 93]. Further, in terms of section 100, all the cases
of appeals and rectification proceedings pending before any High
Court will be transferred to the Appellate Board from such date as
may be notified in the Official Gazette.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
17. SCOPE OF INFRINGEMENT OF
TRADEMARKS WIDENED
Pursuant to the enlarged grounds for refusal of registration on
“relative grounds”, the scope of the law governing infringement
of trademarks has been enlarged to include where the infringing use
is likely to cause confusion or is likely to be taken to have an
association with an registered trademark. In keeping with the
legislative intent to protect well-known marks, the law enacts that the
use of an identical or similar mark on goods or services which are not
similar will constitute infringement, where the registered trademark
has a reputation in India and the use without due cause will take
unfair advantage or features of or is detrimental to the distinctive
character or repute of the registered mark. Further the law, as
contained in section 29, specifies the circumstances and types of uses
which constitute infringement of a registered trademark.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
18. ENHANCED PUNISHMENT FOR
TRADEMARK OFFENCES
With a view to provide deterrent punishment to discourage
sale of spurious goods, penalty for applying false
trademark, trade description, etc., and for selling goods or
providing services to which false trademark or false trade
description is applied, has been enhanced, removing the
distinction between offences in relation to “drugs” or
“food”, on the one hand, and other categories of goods, on
the other. Further, the law provides for further enhanced
punishment of second and subsequent convictions. The
offences are explicitly declared as “cognizable”.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
20. FORUM FOR INSTITUTION OF INFRINGEMENT
PROCEEDINGS
Suit for infringement will have to be filed before a court not
inferior to that of a District Court, as under the old law. But a
significant change in the new law is that the term “District
Court having jurisdiction” will include a district court within
the local limits of whose jurisdiction, the plaintiff actually or
voluntarily resides or carries on business or personally works
for gain. The amendment features the law of trademark in
this respect in conformity with the Copyright Act, as very
often an artistic work in as trademark label is also registered
under the optional provision concerning registration of
copyright.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
21. REMOVAL OF MARK ON GROUND OF
NON-USE
The period of 5 years within which a mark must be used under the old Act, was
determined from the date of trademark registration, which related back to the date of
application for all purposes. Since there is considerable time lag between date of
application and date of registration, such a law was causing hardship to registrants.
The new Act, therefore, explicitly provides that the period of 5 years non-use will be
reckoned from the date of actual registration and not from the application date.
Further, use by not only a registered user, but also an unregistered permitted user, will
accrue to the benefit of the registered proprietor for any purpose for which “use” is
material under the Act. Another change is that any use started during the period of
three months before the filing of an application for removal for non-use will be
disregarded, as against a period of one month stipulated in the old law. The “Special
circumstances” which would excuse non-use, would henceforth include restrictions
imposed by any law or regulation on the use of trademark in India.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
22. ASSIGNMENT OF UNREGISTERED
TRADEMARKS
Under the ole law, an unregistered trademark was
not assignable or transmissible except along with
the goodwill of the business concerned, except in
certain specified circumstances. This has been
abolished. It will be thus permissible under the new
law to assign an unregistered trademark with or
without the goodwill of the business concerned.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN
24. AMENDMENT OF COMPANIES ACT
With a view to prohibit the use of someone
else’s trademark as part of corporate name or name of
a business concern, the Companies Act was amended
suitably as indicated in the Schedule under the
features of section 158 of the Trademarks Act, 1999. It
may be noted in the companies act, 1956 has been
replaced by the Companies Act, 2013. In this
connection, see section 16 of the new companies Act,
2013 which is similar to section 22 of the companies
Act, 1956.
W W W . O N L IN E TR A D E M A R K R E G IS TR A T IO N . IN