Investing in ID offers a high potential for profitability for businesses, especially large producers.
In such product segments, the ‘design’ feature forms an integral part of the product mix. This should be protected to avoid imitation with the intention of passing off the product.
An entity that has a unique and distinctive pattern, appearance, or design may register under the Indian Design Act. It is the registered owner who, under the act, has the exclusive right to apply the design to any article in the class for which the design has been registered. The law aims to promote innovative activities in the field of industries in addition to protecting design elements for industrial protection.
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]