Recourse Under Indian Trademark Law When Someone Unlawfully Uses Your Bussiness #Trademark?

Your Trademark is your business identity with which consumers recognize and associate your business, it is your goodwill earned over time with your efforts , time and money invested. You will sooner or later come across unscrupulous elements trying to make quick profit by unauthorized use of your trademark for marketing their products, eating into your hard earned reputation and gains.

Indian Trade Marks Law provides legal remedy to protect the rights of bonafide owners of Trademarks. Two terms are significant here “infringement” and “passing off”. If you have registered your Trademark, then A Registered user of Trademark can prevent its misuse by initiating infringement action in court of law, whereas in case the Trademark is not Registered but it is a bonafide and honest adoption coupled with usage , legal remedy under Tort of Passing Off can be sought.

Following civil remedy/reliefs can be sought against Trademark #Infringement / #Passing Off :

Permanent and interim injunction against the Defendants and

Damages or

Account of profits, and

Delivery of the infringing goods for destruction.

One can also avail remedies under Criminal Law in case of false application of a Trademark and the use of false Trade Descriptions. The law provides for search and seizure of infringing articles and the offence is punishable with imprisonment and fine .

Trademark protection demands vigilance from businesses and if you believe a Trademark identical to your Trademark or a Trademark deceptively similar to that of your Trademark is being used without your permission, contact an experienced IP Attorney to take legal recourse against the culprit.

Copyright Concepts : Meaning Of Copyright And Works In Which Copyright Subsists Under Indian Copyright Law

Copyright subsists in India under following classes of works;

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) sound recordings;

"literary work" includes computer programmes, tables and compilations including computer literary data bases.

"dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film.

"musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.

"artistic work" means-

(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;

(ii) work of architecture; and

(iii) any other work of artistic craftsmanship

"cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and shall include video films.

Meaning of #Copyright :

"Copyright" means the exclusive right to do or authorise the doing of any of the following acts in respect of a work;

(a) In the case of a literary, dramatic or musical work:

(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(b) In the case of a computer programme:

(i) All the Acts mentioned under “a” (for literary,dramatic or musical work) above, and

(ii) to sell or give on commercial rental , any copy of the computer programme, where the programme itself is essential object of the rental.

(c) In the case of an artistic work:

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified above in (i) to (iv).

(d) In the case of cinematograph film :

(i) to make a copy of the film, including a photograph of any image forming part thereof;

(ii) to sell or give on hire any copy of the film;

(iii) to communicate the film to the public;

(e) In the case of sound recording:

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire any copy of the sound recording;

(iii) to communicate the sound recording to the public.

(f) Copyright in any design capable of being registered under the Designs Law:

If not so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process.  

A timeline of cancer treatment breakthroughs

A history of discoveries that have brought us closer to curing cancer

1923

Radiotherapy first used to treat cervical cancer

1935

First link made between sun and skin cancer

1954

Proof of a link between smoking and lung cancer first published

1956

First chemotherapy drug, methotrexate, used to treat a rare tumor called choriocarcinoma

1963

Discovery of the first human cancer virus

1972

First drug for testicular cancer developed, now 95 per cent of men with it survive

1986

The first ‘monoclonal antibody’ or targeted therapy approved by the Federal Drug Administration (later examples include Herceptin for breast cancer and Avastin for colorectal, lung and othercancers)

1994-95

The first breast cancer genes BRAC-1 and BRAC-2 discovered

2008

The cervical cancer vaccine immunisation programme begins in the UK

2010

Trials show ‘flexi-scope’ screening could prevent a third of bowel cancers

2011

International Cancer Genome Consortium formed to map the genetic faults behind 50 types of cancer.

2013

Trial finds taking the drug anastrazole daily could halve the risk of breast cancer in high risk older women

2016

Scientists build nanoparticles that act as 'Trojan Horse' vessels that ferry chemotherapy drugs direct to cancers. Two breast cancer drugs are shown to shrink or eliminate tumours in 11 days. Professor Swanton's research shows how our own immune cells can be used to cure 'hopeless case' secondary or metastasised cancers

Source : telegraph.co.uk