16 May

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Trademark Registration & the Pharmaceutical Industry: Lawyers Advice

in Corporate Lawyer, Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, Uncategorized

Pharmaceutical Industries are one of the sensitive sector in the world. The major issue with these industries is protection of their rights and its usage. There are two sides to this. One, to secure them from being misused and the other, to get benefits out of their inventions. Now, it has become a general practice to get a Trademark on a drug either by its principal component or by the name of the disease for which it is used. For safeguarding the rights of these industries, Section 13 of the Trademarks Act, 1999 strictly prohibits the use of ‘Generic names’...

16 May

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Laws on Prevention of Gold Smuggling in India: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, High Court, Legal Advice, Legal Advisor, Uncategorized

Gold Smuggling is a criminal offence in India and there are different Central laws which prevent and prohibit the same. Having said that, there are a catena of criminal defenses which are available to the accused in the case of Gold Smuggling. There also exists cogent and compelling grounds to obtain Bail in the case of Gold Smuggling. Thus, over here we shall be discussing the entire law on Gold Smuggling in India in the light of top ten leading criminal cases and/or judgments on Gold Smuggling in India. What are the Central Laws on Gold Smuggling in India? Custom Act (CA),...

16 May

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Obtaining Bail in a Criminal Case: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

Unlike a Bailable offence, Bail is not a right of the accused in a Non-Bailable offence in light of the seriousness of the crime committed. Section 437 of Cr. P.C. authorizes the discretion to the Court to release any person who is accused of the commission of any Non- Bailable offence when he is arrested or detained without a warrant by an officer in charge of a police station. The Court has to entirely use its discretion considering the circumstances of the case, bearing in mind the liberty of accused and principles of law. The prime objective behind arresting the...

16 May

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Criminal Defense & Obtaining Anticipatory Bail: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

Under the criminal law it is the Court has the discretion to grant Anticipatory Bail, to any person or an accused person who is apprehending an arrest for any Non-Bailable offence in near future by the virtue of Section 438 of the Cr. P.C. The discretion to grant bail, in this case, is entirely cast upon the Court since the Code does not specifically enumerate any condition, under which Anticipatory Bail can be granted. The accused can submit an Anticipatory Bail Application before the Sessions Court or the High Court. The High Court or the Sessions Court has to apply...

16 May

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Criminal Defense & Obtaining Bail: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

Bail under the criminal law means the release of an accused or a convicted person contingent on personal bond or assurance to adhere to the conditions imposed by the Court. As per the provisions of Section 436 of Cr. P.C., if the supposed crime is a bailable offense, then the accused person shall be entitled to bail as a matter of his right before the police station itself or presuming it is referred to the Magistrates Court, then it shall be granted before the Magistrates Court. Bail is in point of fact an individual’s right and not his privilege. The...

14 May

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Explaining Trademark Oppositions: Lawyers Advice

Posted by MyLawyer

in Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, STARTUPS IN INDIA, Uncategorized

What is Trademark Opposition? Trademark opposition is an essential part of the trademark registration process in India. Once a trademark has been published in the Trademarks Journal, it may be challenged. Any aggrieved individual may challenge the registration of a mark published in the Trademark Journal by filing a notice of opposition with the Registry in the specified manner and within the stipulated time, according to the Trademark Act of 1999. Trademark Opposition DurationAccording to the Act, anybody can file a notice of opposition against a trademark within four months of the date the mark was first advertised or re-advertised in the...

14 May

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Handling Trademark Objection under Section 11 of the Trademark Act of 1999

Posted by MyLawyer

in Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, STARTUPS IN INDIA, Uncategorized

What should be done for a Trademark Objection under Section 11 of the Trademark Act of 1999?The relative grounds for denial of registration are outlined in Section 11 of the Trade Marks Act of 1999. The aim of this provision is to safeguard the interests of registered trademark owners. The Section 11(1) states that if the public is likely to be misled by a mark that is identical or similar to an earlier trademark, and a subsequent mark for such goods/services is identical or similar to the goods/services represented by an earlier mark, the latter mark shall not be registered....

14 May

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Handling Trademark Objection under Section 9 of the Trademark Act of 1999

Posted by MyLawyer

in Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, STARTUPS IN INDIA, Uncategorized

What should be done for a Trademark Objection under Section 9 of the Trademark Act of 1999?The Section 9 of the Trademark Act of 1999 talks about the absolute ground of refusal. The Section 9(1) a trademark cannot be registered if; which lack any distinguishing characteristics, i.e., are incapable of distinguishing one person's goods or services from those of another; which consist exclusively of marks or indications that may be used in commerce to designate the kind, quality, quantity, intended purpose, values, geographical origin, or time of production of goods or rendering of service or other characteristics.which are exclusively made...

14 May

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Procedure to Report Trademark Infringement: Lawyers Advice

Posted by MyLawyer

in Business Laws, Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, Uncategorized

Trademark infringement happens when one party uses the trademark of another party in a manner which is not authorized. Trademark infringement is the violation of the exclusive rights attached to the registered trademark which is attached to the use of such trademark without authorization of the legitimate trademark owner of the registered trademark. How can I report trademark infringement?The Section 29 of the Trademark Act of 1999 deals with trademark infringement. Under this section, infringement can take place by a person who is not authorized to use the mark, the usage on such mark should be deceptively similar to that of...

13 May

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Protection of Unregistered Trademarks: Lawyers Advice

Posted by MyLawyer

in Business Laws, Intellectual Property IP Laws & IP Rights, Legal Advice, Legal Advisor, Uncategorized

Trademark registration is not mandatory in India. There are two types of trademarks i.e. registered and unregistered trademarks. An "unregistered trademark" is one that has no legal protection. If a person has been using a mark for a long time for a specific product or service and has established a sufficient level of goodwill, the mark can be recognised as a trademark without being formally registered under the Trademark Act of 1999. Even if a mark is not registered, it may be covered under the common law tort of "passing off." As a result, the owner of an unregistered trademark...

Trademark Registration & the Pharmaceutical Industry: Lawyers Advice

Laws on Prevention of Gold Smuggling in India: Lawyers Advice

Obtaining Bail in a Criminal Case: Lawyers Advice

Criminal Defense & Obtaining Anticipatory Bail: Lawyers Advice

Criminal Defense & Obtaining Bail: Lawyers Advice

Explaining Trademark Oppositions: Lawyers Advice

Handling Trademark Objection under Section 11 of the Trademark Act of 1999

Handling Trademark Objection under Section 9 of the Trademark Act of 1999

Procedure to Report Trademark Infringement: Lawyers Advice

Protection of Unregistered Trademarks: Lawyers Advice

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