Team Legistify | Legistify

Team Legistify
Answered on 05 Sep 2019

You cannot name "Lakme gold" as your business trademark as it is a well-known Trademark already registered by the Lakme brand. If you proceed with the same it will be considered as an infringement and your application will be surely rejected.Read More

Posted on 04 Sep 2019 | 2 Answers

Arshi Noor | Legistify

Arshi Noor
Answered on 27 Aug 2019

To be eligible for Software Copyright, the software must be original and, the creator must have used his/her skills and knowledge to create a unique software. A programme that can only create multiplication tables or algorithms is not eligible for Software Copyright in India. Any programme that has a technical effect cannot be copyrighted in India. Another eligibility criterion for obtaining Software Copyright in India is that the software must be filed published in India. If the work is first published anywhere outside India, the author must be an Indian citizen. The Copyright Act, 1957 grants Software Copyright and deals with the registration, infringement and rights under Software Copyright. However, if the software has a technical effect, a Patent can be obtained for the same under the Indian Patent Act, 1970. Rights Given To Author By Software Copyright In India Once the Software Copyright is done for a computer or mobile programme, the author/creator gets the following Intellectual Property Rights: Right to reproduce the work in any form and store it in any electronic form. Right to issue copies to the public. Right to display the software in public. Right to translate the work. Right to create any adaptation of the work. Right to sell or give on hire, or offer for sale or hire a copy of the computer program. However, the rights given under Software Copyright in India are limited in case the copy or adaption of the programme is done by an authorised person to utilise the software for the purpose it was created for, or to make backup copies to protect the software from loss or damage. A person who has written an original programme becomes the author of the software and the owner of Software Copyright. When the software is created by a team of individuals, all the creators become the owners of Software Copyright. Process Of Software Copyright Registration In India Software Copyright Registration in India is done with the Copyright Office. An application for Software Copyright must be filed with 3 copies of the published or unpublished work. The Software Copyright application is filed along with the prescribed fees. A diary number is allotted to the applicant, after which, the application is kept open for 1 month to receive any objections against the Software Copyright. After one month, the Software Copyright registration is granted and a notice of Copyright can be placed on the copies of such software. The Notice of Copyright can be displayed in the form of the © symbol, the year of first publication and the name of the owner of such Software Copyright.Read More

Posted on 19 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 23 Aug 2019

An author typically enters into a publishing contract in order to assign to the publisher the author's exclusive right to make copies of his or her original work of authorship. When an author is considering this kind of contract, he or she should try to retain as many rights inherent in copyright as possible. Another right author should be concerned with is the editing right. Numerous authors have signed publishing contracts with publishing houses, only to see their works transformed by the publishing house into something they would not have written. The right to control the cover art for a book is a right the author will rarely be able to retain. If you believe that the publisher has violated such agreement, you can file a copyright infringement suit against them with the help of an IPR lawyer in India.Read More

Posted on 12 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 02 Aug 2019

Sections 3 and 4 of the Patents Act list out the non-patentable subject matter. An invention is Patentable if the following elements are present:  Subject Matter: You should check whether the invention relates to a patentable subject-matter. Novelty: Novelty is an important criterion in determining the patentability of an invention. It basically states that an invention should never have been published in the public domain. It must be new with no same or similar prior arts. Non-Obviousness: This means that the invention must not be obvious to a person skilled in the same field as the invention relates to. It must be inventive and not obvious to a person skilled in the same field. Capable of Industrial Application: Industrial applicability is defined under Section 2(ac) of the Patents Act as "the invention is capable of being made or used in an industry". This essentially means that the invention cannot exist in the abstract. It must be capable of being applied in any industry, which means that the invention must have practical utility in order to get Patent Registration in India. Read More

Posted on 01 Aug 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- (1) Trademark Registration provides the proprietor with the right for exclusive usage of the trademark with respect of the services or goods covered under the mark. (2) Once you have registered the trademark, it prevents others from copying or using it. (3) You may also sell or license your trademark. (4) Trademark provides legal protection for your brand name. (5) It helps build an image in the market place.Read More

Posted on 19 Feb 2017 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- (1) As per the Trademarks Act, 1999 statute that lays down the laws for Trademarks in India. (2) A trademark can be a registered trademark as well as an unregistered trademark. (3) Registration is not mandatory in India, but it is advisable to do so. However, both have certain benefits and drawbacks. (4) A “registered trademark” confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services. (5) An “unregistered trademark” is one which does not possess legal benefits.Read More

Posted on 19 Feb 2017 | 3 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- You need to file PCT (Patent Cooperation Treaty) application for international filing with Indian Patent Office.Read More

Posted on 20 Jun 2016 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- It's not permitted in law to use or copy existing trademark for your goods or services mark.Read More

Posted on 16 Mar 2016 | 2 Answers

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 11 Jul 2019

In India, violation of copyright occurs:- 1.When copyrighted work is sold or hired without authority to do so. 2.When copyrighted work is displayed or performed publicly. 3.When Infringed copies are distributed for trade and personal gains. 4.Public exhibition of infringed copies by way of trade prejudicial to the owner. 5.When Infringed copies are imported into India. READ: Copyright Laws in India For more clarification, you can consult our expert IPR lawyer in India who will help and advice you regarding your issue.Read More

Posted on 09 Jul 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 05 Jul 2019

The victims of cybersquatting can deal with it in the following ways:- Arbitration under ICANN’s rules, Trial in a State or Federal court. For a fast track form of resolution, a case could be filed with the registry handled by National Internet Exchange of India (NiXI). In India, the Information Technology Act, 2000 contains no provisions to punish cyber-squatters nor does it provide for any legal compensation but, the registry has taken steps to provide compensation to the victims. Still not clear with the information you can consult our IPR law experts in India they can help in your case.Read More

Posted on 29 Jun 2019 | 1 Answer