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INTELLECTUAL PROPERTY LAW - I - Content

The document is a publication titled 'Intellectual Property Rights Law-I' by Umesh Jatav, focusing on the significance of intellectual property rights (IPR) in the global economy and its legal framework. It covers various categories of IPR, including trademarks and industrial designs, and includes statutory provisions, case laws, and procedural details relevant to law students. The book emphasizes the importance of understanding IPR for legal education and practice.

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anuragak155
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20 views7 pages

INTELLECTUAL PROPERTY LAW - I - Content

The document is a publication titled 'Intellectual Property Rights Law-I' by Umesh Jatav, focusing on the significance of intellectual property rights (IPR) in the global economy and its legal framework. It covers various categories of IPR, including trademarks and industrial designs, and includes statutory provisions, case laws, and procedural details relevant to law students. The book emphasizes the importance of understanding IPR for legal education and practice.

Uploaded by

anuragak155
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 7

INTELLECTUAL

PROPERTY
RIGHTS LAW- I

By
UMESH JATAV
Email: jatavumesh7@gmail.com

ARORA GRAPHICS PUBLICATION


i
ARORA GRAPHICS PUBLICATION
Shop No. 6, B-34, Christian Colony, Patel Chest, Delhi – 110007
Contact No.: 9650509200 | Email: aroragraphics.du@gmail.com
Umesh Jatav (Author)
First Edition –2024
All rights including copyright, design, formatting, editing, cover page and
rights of translations etc. reserved and vested exclusively with Author
(Umesh Jatav). No part of this publication may be reproduced or transmitted
in any form or by any means, electronic, mechanical, photocopying, recording
or otherwise or stored in any system of any nature without the written prior
permission of Author (Umesh Jatav).
Printed By: UV Global
ISBN: 978-81-972419-0-1
Note: Due care has been taken while editing and printing of this book.
Neither the author nor the publisher of the book holds any responsibility for
any mistake that may have inadvertently crept in.
The author has taken all care and effort to ensure that the legislative
provisions reproduced here are accurate and up-to-date. However, the author
takes no responsibility for any inaccuracy or omissions contained herein for
advice, action or inaction based here upon.
The author or publisher shall not be liable for any direct, consequential or
incidental damages arising out of the use of this book.
In case of binding mistake, misprints, or missing pages etc. the publisher's
entire liability and your exclusive remedy is replacement of this book within
one month of purchase by similar edition / reprint of this book.
The making pdf or word file or any other document of this book or sharing
this in any Whatspp Group or in any Telegram Group or in any other group
or on Facebook or Instagram or on any digital platform through any
electronic means (including Google drive or iCloud) in the name of Fair Use
shall also amount to infringement of copyright under Copyright Act 1957. If
anyone does so, he/she will be wholly responsible for legal consequences for
his/her act. And Admin of the aforesaid group or digital platform handler or
manager (who is managing the group or digital platform) shall also be liable
for the aforesaid act.
Printed and bound in INDIA.

ii
PREFACE TO THE FIRST EDITION
Intellectual property rights have grown to a stature from where it plays a major role
in the development of global economy. In the 1990s, many countries unilaterally
strengthened their laws and regulations in this area, and many others were poised to
do likewise. At the multilateral level, the successful conclusion of the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade
Organization enhanced the protection and enforcement of IPRs to the level of solemn
international commitment. The new global IPR system comes with both benefits and
costs. So, in this scenario the knowledge of IPR is essential for law students.

The book introduces various categories of intellectual property like, trademarks,


industrial designs, and geographical indications.

The present book is placed with selected statutory provisions, theory along with
relevant case laws. This book will be very useful for law students.

ACKNOWLEDGEMENT
I would like to thank God with reverence and sincerity for heavenly richest blessings
and abundant grace, which strengthened me in each and every step of this
endeavour. I express my deep sense of gratitude and indebtedness to my teachers for
their guidance, sustained presence, constant availability and continuous inspiration
right from the planning phase till the completion of the book.

The encouraging words of Dr. Amrendra Kumar Ajit Assistant Professor, Faculty of
Law, University of Delhi have been the pillars of my strength. He has always been an
excellent mentor and role model. I would not be where I am today without his
guidance, and constant support. I express my deep sense of reverence to the
almighty and broad sense of gratitude to my parents for their blessings and support
which gave me the required moral strength for the successful and completion of this
book.

Special thanks to Advocate Dharmendra Kumar Yadav, Delhi High Court for their
excellent mentoring , guidance, and his constant support in the field of Intellectual
property rights.

Umesh Jatav

iii
CONTENTS

1 Introduction to Intellectual Property and its Abuse 1


1.1 Nature and Concept of IPR 1
1.2 Abuse of Intellectual Property 7
1.3 World Intellectual Property Organisation (WIPO) 10

2 Trade Marks Law 18


2.1 Definitions/Meaning 19
2.2 Use of trade mark on goods/services– S.2 (2) (b) & (c), 29(6) 30
2.3 Protecting Domain Names as Trade Marks 33

3 Registration of Trademark for Goods/Services 37


3.1 Procedure of Registration of Trademark (Section 18 – 23) 37
3.2 Absolute Grounds for Refusal of Registration 44
3.3 S.9 (2): Nature of mark as to deceive the public or cause
confusion 53
3.4 Relative Grounds for Refusal u/s 11 60
3.5 Earlier Trade mark – if a Well Known Trade Marks: S.11 (2) 67
3.6 Honest Concurrent User 73

4. Passing off, Infringement and Exceptions to Infringement


Action 77
4.1 Passing off 77
4.2 Infringement 89
4.3 Doctrine of Exhaustion 99
4.4 Exceptions –S.30 104
4.5 Trademark Dilution 109

iv
4.6 Protection of Trade Dress & colour combinations;
Tarnishment of Trademarks/Comparative Advertising/
Disparagement See Also S 29(8) 114
4.7 Licencing of Trade Marks 130

5. Geographical Indications 135

6. Industrial Designs Law 165

References 200

v
LIST OF CASES
N. R. Dongre v. Whirlpool Corporation, (1996) 5 SCC 714 31
M/s Hindustan Development Corporation Ltd v. The Deputy
Registrar of Trade Marks, AIR 1955 Cal 319 45
The Imperial Tobacco Co. of India v. The Registrar of Trade Marks,
AIR 1977 Cal 413 48
Geep Flash Light Industries v. Registrar of Trade Marks, AIR 1972
Del 179 51
Sunder Parmanand Lalwani v. Caltex (India) Ltd., AIR 1969 Bom 24 56
Sony Kabushuki Kaisha v. Samrao Masker, AIR 1985 Bom 327 58
K. R. Krishna Chettiar v. Sri Ambal & Co, AIR 1970 SC 146 65
Carreefour v. Suburaman, 2007 (35) PTC 225(Mad.) 71
Parle Products (P) Ltd. v. J.P. and Co., (1972) 1 SCC 618 83
Cadila Health Care Ltd. v. Cadila pharmaceuticals Ltd., (2001) 5
SCC 73 : 2001 PTC 300 (SC) 85
Milmet Oftho Industries v. Allergan Inc., (2004) 12 SCC 624 87
Balkrishna Hatcheries v. Nandos International Ltd., 2007(35) PTC
295 (Bom) 96
Kapil Wadhwa v. Samsung Electronics Co. Ltd., 194(2012)DLT23;
MIPR2012(3)191 102
Hawkins Cookers v Murugan Enterprises, MIPR 2008 (1) 128, 2008
(36) PTC 290 Del 107
ITC v Philip Morris Products SA & Ors. 110
ITC Limited v Philip Morris Products S.A., 2010(42) PTC 572 (Del) 113
N. Ranga Rao and Sons v. Anil Garg, 128 (2006) DLT 649 : 2006 (32)
PTC15 (Del) 116
Pepsi Co Inc v. Hindustan Coca Cola Ltd., 2003 (27) PTC 305 (Del)
(DB) 125
Dabur India Ltd. v. Colgate Palmolive, 2004 (29) PTC 401 (Del) 128
Banglar Rasogolla Vs. Odisha Rasagola 142
Bharat Glass Tube Limited v. Gopal Glass Works Limited, 2008 (37)
PTC 1 (SC) 195
Reckitt Benkiser India Ltd vs. Wyeth Ltd., 15 March, 2013 197
vi

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