Category Articles

Parallel Imports: Good, Bad or Ugly

Parallel Imports are at the epicenter of all controversial IP issues. Despite it being considered that they are well within the four walls of law, the laws of the market are hardly the only ones applicable to them. DEFINITION: According to the World Trade Organisation, a parallel import is a non-counterfeit product imported from another […]

The Sweat of Creativity

Over the years, two main principles of Copyright law have emerged as decisive tools for determining the copyrightability of works with. In the near past, a great number of cases have relied upon the Sweat of the Brow principle to ascertain whether copyright subsisted in a work. While, the comparatively stricter principle of, Modicum of […]

7th International Conference on Anti- Counterfeiting and Anti- Piracy organized by the CII

Counterfeiting and Piracy are two of the fastest growing economic crimes in the world today. They threaten the economies of developed and developing countries alike, undermining trading relations, endangering public health and safety and affecting new investment opportunities for economic growth. They have affected almost every industry and all categories of products, but the impact […]

Intermediaries: Who are they?

Since this is a rather extensive issue, the Beacon will deal with it in two parts; the first part explains who intermediaries are, what the liability of an intermediary is and how further transparency can be brought by fixation of liability in Take Down Notice regimes. In the next part of this series, we will […]

Kit Kat – Chocolate or Chanachur?

For those who have grown up in Calcutta in the mid- 90s, the words, ‘Kit-Kat’, would at the same time suggest a tangy mixture called ‘Chanachur’, a favourite snack of the banter loving Bengali and the internationally renowned, crispy chocolate fingers, sleeved in a red wrapper, manufactured by Nestle. Apparently, since the 80s and 90s […]

I-Crave a Well-Known Trademark

At IPR Beacon, we think, a well-known Trademark is a bit like a movie star; someone, who has consolidated a position for himself in the minds of people through years of performance, has a unique, inimitable style and is known the whole world over even though he may not have traveled much. You’ll see why; […]

Kit Kat – The shape of things!

This development is so interesting that even though it happened around the fag end of 2012, we were convinced the Beacon had to turn its focus on it. Nestle has won a trademark lawsuit against Cadbury over their IP rights on the chocolate bar’s four-fingered and three-dimensional shape. Now, as a bit of a reminder […]

Pinching Trade Secrets Lands another One in Trouble

Recently, a former employee of Homag India Ltd. the Indian subsidiary of a German company was injuncted by the Hon’ble Karnataka High Court Bench at Bangalore from taking up employment with IMA AG Asia Pacific PTE Ltd., a German subsidiary company based in Singapore, for having passed on Homag India’s trade secrets to the latter […]

‘Xerox’ Not Common Parlance Yet- IPAB

Language is a powerful force. It has defined cultures, accorded identity to civilizations, encouraged study and has both united and divided the world’s populace. However it has also had influences beyond the apparent; language, interestingly, shares a close relationship with brands with the former commanding a ubiquitous influence over the latter. Its cause and effect […]

A ‘Sweet’ Lesson in Brand Building & Trademark Protection by Jack Daniel’s

This is rather old news but its relevance is such as cannot be ignored. Jack Daniel’s (JD’s) move towards protecting its Trademark serves as a major brand building lesson all as well as one in legal practice. When the lawyers of JD, one of the world’s most popular whiskey brands spotted the cover of the […]