DUCTUS EDGE
– A KNOWLEDGE ATELIER
Sound and Smell Marks: A New Era in India’s Trademark Law
Introduction India’s intellectual property landscape is currently experiencing a significant paradigm shift, moving away from the nation’s traditional reliance on textual and visual identifiers toward an immersive, multisensory framework for brand protection. The objectives of the Trademark Act are to safeguard consumers’ rights and prevent potential confusion, while simultaneously protecting manufacturers or owners from unauthorized…
Understanding Derivative Action under the Companies Act, 2013
Introduction The Companies Act, 2013 provides multiple remedies to shareholders when corporate affairs are conducted improperly. However, not every wrongdoing can be addressed through the same legal route. One concept that is frequently misunderstood and often confused with class action proceedings is the derivative action. Indian courts and tribunals have consistently clarified that a derivative…
Where Aesthetics Align with Law: Decoding Indian Design Protection Framework
In an era of aesthetic innovation, where products and its packing is constantly evolving, design rights have emerged as effective pillar of intellectual property. A customer is often influenced by his choice of an article not only by its practical efficiency but also by its appearance. A physical appearance really means a design and its…
WIPO and India’s Trademark Protection: A Global Perspective
Abstract This study explores the evolution and significance of the World Intellectual Property Organization (WIPO) in shaping international trademark protection, with focus on India’s engagement within this global framework. Emerging from the Paris Convention (1883) and the Berne Convention (1886), WIPO was formally established in 1967 and later became a specialized agency of the United…
“Vienna Codes in Practice: Examining the Classification of Figurative Trademarks under Indian Law”
Abstract A trademark is one of the crucial intellectual property rights providing protection and distinguishing any brand from that of another. Statutory provision of trademark is dealt in section 2 (1)(zb) of Trademark Act, 1999. The increasing globalization of trade and commerce has necessitated uniform standards in intellectual property administration especially in trademark laws and…
Delhi High Court Held: Registered Trademark Can Be Cancelled for Non Use
Introduction Trademark laws are designed to protect company identities, not to create rigid monopolies that fail to reflect market realities. Registration grants statutory rights, but these rights are subject to consistent and lawful use. The Trade Marks Act of 1999 introduced Section 47 to prevent the Register from becoming cluttered with dormant or speculative marks…
SME IPO in India: Regulatory Architecture, Profitability Threshold & Market Valuation Approach
Introduction Over the past decade, the SME listing route has transformed capital access for emerging Indian businesses. Instead of relying solely on private equity, debt funding, or promoter capital, growth-stage companies can now tap public markets through dedicated SME segments of recognized stock exchanges. In India, SME listings take place on: These platforms function under…
Customs Enforcement of Trademark Rights Explained
Legal and Customs Perspectives on Import and Export Trademark Registration Requirements The Trade Marks Act of 1999 protects a brand’s identity and seeks to prevent the distribution of illicit and counterfeit goods by granting exclusive rights to the registered trademark owner. The Customs Act of 1962 regulates the import and export of goods, providing the…
Limits of Trademark Exclusivity over Generic Words: An Analysis of Mayank Jain v. Atulya Discs
Introduction In the case of Mayank Jain v. Atulya Discs, the Delhi High Court examined the extent to which a trader can claim exclusivity over the terms that are generic or commonly used in business. The case raised the broader legal question of whether generic terms in the public domain can be monopolized under trademark…
Understanding the Merger Cooperation Agreement
INTRODUCTION TO MERGER COOPERATION AGREEMENT When companies agree upon the scheme of compromise or arrangement between shareholders and company i.e. merger, in such case to define the road map of complete merger transaction, companies enter into the merger cooperation agreement. It is a pre-closing contract entered into between the companies that have agreed in principle…
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DUCTUS EDGE 