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Medical Negligence: Liabilities & General Defences for Doctors under the Consumer Laws

The realm of laws relating to “medical negligence” has three dimensions and are covered under three different legal categories i.e. Under the Civil LawsUnder the Criminal LawsUnder the Consumer Laws The criminal negligence is covered under the Indian Penal Code, but, when criminal negligence is clubbed with the consumer laws then the same has been a matter of debate as to whether medical services are explicitly covered under the definition of “Services” as enshrined under the Section 2(1)(o) of the Consumer Protection Act, 1986. In a landmark decision the Hon’ble Supreme Court in the case of India Medical Association v. VP...

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Case Study: Legal Importance & Sanctity of Registered Partnership Firms

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. The Querist along with one of his close friend had started their partnership...

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Case Study: Legal Importance of Conducting Trademark Search

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. The most important aspect before filing a trademark is that one has to...

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Medical Negligence: Liabilities & General Defences under the Criminal Laws

Under the Indian legal framework medical negligence is categorized under three different aspects, i.e. Criminal Negligence Civil Negligence Negligence under the Consumer laws All these laws are applied according to the act conducted by the Medical Practitioner which includes Doctors, Nurses, Clinics, Hospitals including the Para Medical staff for which punishment and compensation is awarded by the Court as per these laws. The Section 304-A of the Indian Penal Code 1860 deals with criminal negligence, which states that “whoever causes the death of a person by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment...

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Medical Negligence: Meaning, Defences & Scope under the Civil Laws

The word “negligence” and particularly the term “medical negligence” has been widely heard of, however, the etymology of these words cannot be plainly implied but rather on the contrary have to be studied from the point of view of both law as well as medicine. The term “negligence” means failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation. Talking about negligence as per civil law it has often been defined as the breach of legal duty by...

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PASSING-OFF & ACTION UNDER THE TRADEMARK LAWS

Passing off is a type of tort, and its substantive part is established upon the common law principle. The general principle of passing-off states that no man can have any right to represent his goods as the goods of another person. As expressed over, the Trade Marks Act, 1999 does not define "Passing Off". Section 134 (1) (c) refers to jurisdiction or power of the District courts to try the suit and even issue injunction in the matter relating to Passing off suits. The plaintiff has to establish his case and satisfy the court concerned the irreparable damages caused to them. The trademark provides protection to the registered trademark,...

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APPEAL UNDER THE TRADEMARK LAWS

An application for registration of trademarks is submitted at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the principal place of the business of the applicant is located. The digitization and formality checking of the application is done at the respective offices. The Application is then examined predominantly with respect to whether the relevant mark is capable of distinguishing applicant’s goods or services, regardless of whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of prior identical or similar marks...

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TRADEMARK INFRINGEMENT & IT’S CONSEQUENCES

The fundamental reason for a trademark is to help individuals perceive the source of particular goods and services. The source enables individuals to decide the quality. Quality is the thing that customers typically base their buy choices on. This is the reason a trademark is critical in the economy. A trademark reflects the source and quality of the goods or services. This is why it is essential to guarantee that the trademark isn't being infringed upon. A trademark speaks to the brand estimation of the trademark proprietor. Infringement of trademark causes losses in finances and reputation to the proprietor of the infringed mark. It is, therefore, in every case...

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RIGHTS OF THE OWNER OF A REGISTERED TRADEMARKS

It has been a frequently discussed question in India, whether the registration of a trademark gives an absolute right in regard of the trademark to a registered owner, and assuming this is the case, are there any dangers or legal hurdles that can compromise such a right. At the start, the rights of a registered owner under the Trademark Act should be analysed. The Act gives that the registered owner has an exclusive right to the trademark in regard of the goods and services for which the mark has been registered and can get reliefs against the individuals who use a similar mark. Section 28(1) of the Trademark Act...

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TRADEMARK REGISTRATION IN INDIA

Trademark is the unique symbol or word which is used to represent a business, its products or services. The trademark has played a very vital role in the setting up the business in this competitive world. It creates a unique identity in the market which is beneficial for both the creators of such product or services and to the consumers. Trademarks help in cementing the trust of the customer by creating its identity for its product and its quality. But in this competitive era, the proprietors of such trademark feel unsecured for their trademark so that it may not be taken away by any other competitors. This will...

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