Non-Traditional Trademarks

Written By: Sarthak Sharma Introduction Non-Traditional marks are those which do not fall under the ambit of conventional marks which include- letters, numbers, logos, pictorial description, symbols, or a combination of such elements. Take the silky purple of Cadbury, or the aroma of Starbucks. Such elements, despite not being conventional in nature, they can be…

Idea-Expression Dichotomy

Introduction The idea-expression dichotomy can be referred to as the Fundamental axiom of copyright law. “Copyright does not protect ideas but only the expression of ideas”. More often the courts are faced with the dilemma of reconciling the interest of the public in access to new ideas with what at times is felt to be…

Procedure for Registration of Trademark

Registration Benefits Registration results in statutory protection of a trademark for several years subject to renewal and develops a unique specific brand for people to identify and associate with. It gives the registered proprietor the exclusive right over the trademarked word, logo, name, label, device, sound, graphic or even a color combination in relation to…

Patentability of micro-organisms

Written By: Disha Gupta Monsanto Technology LLC and Ors. v. Nuziveedu Seeds Ltd. and Ors[1] The Patents (Amendment) Act, 2002 brought microorganisms within the purview of the Patents Act, 1970, making microorganisms, which are genetically modified or fit the criteria of being novel, non-obvious and capable of industrial application, patentable as per Section 3(j) of…