Delhi IP

Patents and copyright provide exclusive rights to different types of Intellectual property. Everything is not eligible for patent or copyright protection; they may be eligible for different other types of intellectual property protection. In some cases, it may not qualify for any of the intellectual property or may be statutorily excluded from the eligibility to get intellectual property. Copyright is exclusive right to do or authorize others to do certain acts in relation to literary, dramatic or musical works; computer programme; artistic works; cinematograph film; sound recordings. This rights extends to acts not only to the whole of the work, but to any substantial part thereof or to any translation or adaptation thereof. However, Copyright does not protect functional aspects, ideas, processes, or methods. Patents provides an exclusive right to use or exercise an invention granted for a limited period (term of patent i.e., 20 years from the date of first filing) in consideration of...

Registering a trademark or copyright in India provides the businesses and authors with legal protection and enhances commercial potential and supports the enforcement of IP rights. The key benefits of each IP right are: Benefits of Registering a Trademark in India Trademark registration grants the owner exclusive rights over the use of the mark. Such exclusive rights over the use of the mark allows the owner to prevent others from using a same or a similar mark which can cause confusion among members of trade and public. Such unauthorized use of the mark by other parties result in monetary loss and damages the reputation of the owner's business if the goods or services provided by the infringing party are of inferior quality. Registration of a trademark provides the trademark owner with a right to enforce the trademark rights through legal proceedings in case of infringement.

An implied-in-fact contract is a legally recognized contract that arises from the conduct of the parties involved, rather than from explicit written or oral agreement. In the context of intellectual property (IP), an implied-in-fact contract could arise when one party uses another party's IP under circumstances that imply an agreement to compensate for such use. Here’s how an implied-in-fact contract might relate to intellectual property: Use of IP : One party (let’s call them Party A) may use another party's (Party B's) intellectual property, such as copyrighted material, trademarks, or trade secrets, without an explicit agreement but under circumstances that imply a mutual understanding or expectation of compensation. Intent : The use of the IP by Party A and the circumstances surrounding it suggest that Party A acknowledges Party B’s rights and expects to provide something of value in return (typically money) for the use of that IP. Elements of Implied-in-Fact Contract :...

In Anil Kumar Gera trading as Alka Food Industries v.Ramesh Chander Trading as Anil Food Industries. The honourable "High Court Of Delhi, at New Delhi", Hon'ble Mr. Justice Sanjeev Narula, isued the following directions, the Impugned Copyrights registered under No. A-65448/2003 dated 20th October, 2003, and No. A-57086/1999 dated 8th December, 1999, in favour of the Respondent, would be treated as revoked/ cancelled on the basis of ensuring procedural fairness, as herein the statutory mandate of Rule 16(3) of the Copyright Rules, 1958 (now Rule 70(9) of the Copyright Rules, 2013), to give notice to any person disputing rights to the work being registered, was not provided to the plaintiff, therefore the above order. The short details of the case follows as under. The issue of copyright registrations took center stage in a recent legal battle between Anil Kumar Gera, trading as Alka Food Industries, and Mr. Ramesh Chander, trading as Anil Food Industries wherein Anil Kumar...