Critical overview of the effect of non-use of Trademark

Abstract This paper analyzes the “use” aspect under the Indian Trademarks Act of 1999 (TM Act,1999) and the interpretation of the “use” concept within the Indian judicial system in the context of trade mark matters. Trade marking vests exclusive rights…

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Intellectual property ownership before and after acquisition

AbstractThis article explores the growing significance of intellectual property (IP) in corporate acquisitions, where IP assets often play a substantial role. It examines the fundamental principles of IP ownership in India, covering specific legislations. It analyses the complexities surrounding IP…

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Startups in India: Analysis of the legal and regulatory framework governing India’s startup ecosystem

AbstractIn India, startups are a relatively new business, contributing to its evolving corporate culture. These new startup businesses are regulated by various complicated laws and compliance rules like trademark, patent, labour and environment law compliances etc. To simplify these complicated…

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Environmental justice as a human right: Evaluating the role of the Supreme Court, High Courts and the National Green Tribunal in India

AbstractEnvironmental justice (EJ) and its access have become an essential component of India's constitutional framework for the protection of right to life, equality, and dignity. This article aims to assess how the Hon’ble Supreme Court of India (SCI), High Courts…

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The struggle between trademark and transparency on e-commerce platforms: Examining consumer protection in India

AbstractA Trademark acts as a symbol of reputation, identity and quality of a brand’s products and services. This paper is a doctrinal examination of the tension between trade mark protection and consumer transparency on e-commerce platforms. It is observed since…

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When machines diagnose: The new liability puzzle in AI-driven healthcare

AbstractArtificial intelligence (AI) is revolutionising medical diagnostics through enhanced accuracy and efficiency in disease detection. However, its integration into clinical practice raises complex legal, ethical, and regulatory challenges that require urgent attention. This article critically examines the multifaceted implications of…

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Trademark infringement in India: Legal framework, judicial trends, and industry insights

AbstractThis study examines the statutory and judicial framework governing trademark (hereinafter TM) infringement under the Trade Marks Act 1999 (hereinafter TM Act 1999), assessing the adequacy of existing mechanisms to address contemporary commercial phenomena. Whilst the TM Act 1999 establishes…

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