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What is a Design?

According to the Designs Act, 2000 an Industrial Design is defined as “the features of shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye”.

Copyright laws in India / Demystifying Copyrights For The Common Man
« on: June 27, 2016, 11:54:04 AM »
Though a copyright mandates that the work be original, absolute originality is not a requisite. It has been held, through several judicial decisions, that there should be a minimum threshold of creativity for the work to be original. This was articulated very well in DB Modak v. Eastern Book Company.

Trademark laws / Trademark registration cost in India
« on: June 27, 2016, 11:52:11 AM »
While getting your trademark registered seems like a good option, to protect the goodwill of your business in the long-run, a lot of people are wary about the amount of money they would have to spend on the registration process. While the total amount might seem a little high, the breakup of the cost for registration will rationalize the expenditure.

Before delving into the cost for registering a trademark, here’s a bird’s eye of the process of registration itself.

Patent laws / Re: can i apply for patent for websites
« on: June 27, 2016, 11:49:42 AM »
No, you can not patent a website. You can only copyright the website content.

Please read

Patent laws / Patent Fees for Obtaining a Patent in India
« on: June 27, 2016, 11:48:10 AM »
It is understood that patenting is an expensive and extensive process. Usually, while filing a patent, only the statutory (patent fees) filing fees and the professional fees are disclosed. However, after the filing, there are certain other fees that are to be paid to the Indian Patent Office (IPO). Therefore, it is imperative that one should understand the patent registration procedure and realize the fee break-up while applying for a patent.

Trademark laws / Why to conduct trademark search in India?
« on: June 03, 2016, 01:56:53 PM »
“Registering your trademark is a cutting edge to your business, and conducting trademark search is an incentive to the process”

Trademarks are sought to protect the identity of a business/company. Performing a trademark search is a crucial step before adopting a trademark. When a trademark search is conducted, the possibility of a trademark being similar to an existing trademark is checked. Individuals and companies who fail to perform a trademark search ear on often regret later when they find themselves embroiled in expensive legal disputes or in situations when they are compelled to change their trademark—both of which could have been easily avoided with a simple trademark search.

Trademark laws / Prior User Rights of Trademark in India
« on: June 03, 2016, 01:55:09 PM »
What happens if you apply for a trademark application and get the trademark registration, but later find that someone else has been using that same trademark since before you had filed?

Well, the principle of “Priority in adoption and use prevails over priority in registration” holds good in this context. It is a well accepted judicial principle that the rights of a prior user of the mark are kept on a higher pedestal than even that of the proprietor of a registered trademark. Prior user’s rights will override those of a subsequent user even though the subsequent user had been accorded registration of its trademark.

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