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Infringement and Passing-off
What is Infringement and Passing-off ? Unauthorized use of registered trademark is infringement of trademark. Damages can also be claimed, even if the trademark is not registered. This is called passing-off action. Thus, in India protection in respect of trademark is available both under the statute law as soon Read More →
Trademark – Infringement of Trademark
What is infringement of Trademark? A registered trademark is infringed when a person, other than a registered proprietor or a person using by way of permitted use, uses in course of trade. Instances of Infringement of Trademark – following are the instances of infringement of trademark: Use of deceptively similar Read More →
Acts are Not Considered to be Amounting To Infringement Under The Patent Act
Which Acts are Not Considered to be Amounting To Infringement Under The Patent Act ? The Patents (Amendment) Act, 2002 inserted a new Section 10A dealing with acts not to be considered as infringement. These are: Any act of making, constructing, using or selling a patented invention solely for uses Read More →
Patents – Infringement of Patents
What is Infringement of Patents? The patentee, his agents and his licensee have the exclusive rights to make, use or distribute the invention in India. Infringement means violating the statutory rights of the patentee, his agents and his license. A suit for infringement can only be filed in the Read More →
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