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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…
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