Intellectual Property Law

I. Introduction Purpose: This report provides an in-depth comparative analysis of the provisions governing the protection of trademarks as stipulated in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), finalized in 1995 as part of the Marrakesh Agreement establishing the World Trade Organization (WTO), and their subsequent implementation and compliance within India’s domestic […]

Table of Contents I. Introduction II. Exclusive Rights and Infringement (Section 48) III. Co-Ownership and Infringement (Section 50) IV. Territorial Scope of Indian Patents V. The Interplay of Validity and Infringement VI. Types of Patent Infringement A. Literal Infringement B. Non-Literal Infringement (Doctrine of Equivalence / Pith and Marrow) Dudgeon v Thomson Van der Lely