Search Results for: trademark

Title	Author	Category	Date Added	dl#	Rating
A TRADEMARK CONSIDERATIONS IN BUSINESS NAMING	Arun Abraham	Trademark	11/3/07	307	5.8/10
Abstract:	article introduces trademark law aspects to businesses
Keywords:	trademark,naming,india
ABC's of Website Law	Judith Silver	General Intellectual Property	7/26/04	1422	5/10
Abstract:	Website legal issues including copyright, trademark, more.
Keywords:	web site, internet, cybersquatting, domain names
Business’ Name, TradeMark, and Domain Name: An Essential Symbiosis	Mr. Alain P. Lecours	Intellectual Property Newsletter	11/3/07	123	5.4/10
Abstract:	Image, or corporate identity, is one of the main assets that a business owns and must be protected. That image may be related to the business itself, or yet to the products and services it offers. A business’ image (or that of its products) may be carried across by three (3) main vehicles: 1) its business name; 2) its trade-mark; and 3) its domain name (or URL address).
Keywords:	corporate identity, image, trademark
China's Guidebook for Pharmaceutical Patent Protection	Labwu Zengxian	Patent	11/3/07	269	5.5/10
Abstract:	Dear Sirs, Access China will publish China's Guidebook for Pharmaceutical Patent Protection in March 2007. Access China is seeking the distributors for China's Guidebook for Pharmaceutical Patent Protection. Can we establish the partnering relationship to introduce this guidebook to overseas legal and pharmaceutical professionals ? Here I send the publication dates, price, format, along with tables of contents and executive summaries for four volumes of China Pharmaceutical Guidebook Series as the following and an introduction as the attached file. I look forward to hearing from you and discussing on distribution. Best wishes, Yours sincerely, Labwu Zengxian President Access China http://www.accesschinainfo.com Email: zengxian.wu@gmail.com ====================================================== Description China is expected to become the fifth largest drug market in the world by 2010 with a growth rate of 20-25 percent per annum in next three years. As China joins the World Trade Organization (WTO) and integrates more completely into the global economy, it will further open the door to a lucrative drug market for overseas pharmaceutical companies, which attracts more and more overseas pharmaceutical manufacturers and producers to enter such drug market and seize a larger part of such drug market. However, the Chinese social environment for the protection of intellectual property right is complex. The locally produced generics and copy products dominate the Chinese drug market. It is estimated that about 97 percent of the drugs produced by local companies are generics or counterfeits. Facing such complex social environment and market, most overseas and multinational pharmaceutical companies fear that their imported drugs and pharmaceuticals produced in China will be imitated or copied, in turn, their intellectual property will be infringed and benefit will be violated. What reason incurred such fear of overseas and multinational pharmaceutical companies? Why did Eli Lilly & Company fail in its litigation of patent infringement dispute case in China? Why can Pfizer win in an administrative proceeding against the Patent Reexamination Board of the China State Intellectual Property Office (SIPO) for its Viagra patent? Lack of knowledge of the Chinese intellectual property right system and legislation institution, the cultural difference between China and Western countries as well as the language barriers incurred such result. China's Guidebook for Pharmaceutical Patent Protection is an essential resource for overseas and multinational pharmaceutical companies to achieve a successful patent protection for their intellectual property in China. This guidebook, targeting overseas and multinational pharmaceutical companies and combining case studies of patent infringement dispute in China from them, will provide a comprehensive and thorough knowledge of the Chinese patent system and legislation institution to guide overseas and multinational pharmaceutical companies step by step to achieve a successful patent protection for their intellectual property in China, which is beginning from the organization structure and the responsibility of Chinese patent authorities, the application for patent, the examination and approval of application for patent, the protection of patent right, to design for compositions of optimized patent protection strategies. Its audiences are the executives from overseas and multinational pharmaceutical companies who have the preliminary knowledge of patent. It is also a textbook for the readers studying in the patent protection for intellectual property rights relating to pharmaceuticals. After having skimmed through this guidebook, audiences and readers can not only be clearly aware of the Chinese patent system and legislation institution, but also design an optimized patent protection strategy for themselves to acquire an adequate protection for their patent right in China. Guidebook Highlights China's Guidebook for Pharmaceutical Patent Protection provides a comprehensive and thorough knowledge of the Chinese patent system relating to pharmaceuticals, the detailed administrative, civil and criminal judicial pathways for protections of patent right, and the design for composition of optimized protection strategies. Ć The organization structure of patent authorities and judicial system; Ć A comprehensive and thorough knowledge of the Chinese patent system and the relevant laws and administrative regulations relating to pharmaceuticals; Ć The patentable subject matter relating to pharmaceuticals in China; Ć Administrative protection for patent right; Ć Civil judicial procedures and remedies for patent right; Ć Criminal punitions for infringement of patent right; Ć Design for compositions of optimized protection strategies; Ć Case studies and comparative analyses of patent infringement disputes. Table of Contents Executive Summary 4 Preface 6 Chapter 1. Introduction 9 Chapter 2 . Organization Structure of Patent Authorities and Judicial System 12 2.1. Organization Structure of Patent Authorities 12 2.2. Organization Structure of Judicial System 14 2.3. Responsibilities of the State Intellectual Property Office (SIPO) 15 2.3.1. Responsibilities of the Patent Office 15 2.3.2. Responsibilities of the Patent Reexamination Board 16 Chapter 3. The Objects of Patent Right 17 3.1. The Objects of Patent Right 17 3.2. The Non-Patentable Subject Matter 18 Chapter 4. The Patentable Subject Matter Relating to Pharmaceuticals 19 4.1. The Patentable Subject Matters for Invention 19 4.2 . The Patentable Subject Matters for Utility Model 22 4.3. The Patentable Subject Matters for Design 22 Chapter 5. Application for Patent 23 5.1. The Right of Patent Application 23 5.2. The Applicant for Patent 24 5.3. The Date of Filing and the Priority Date 24 5.3.1. The Date of Filing 25 5.3.2. The Priority Date 25 5.4. Application for Patent 27 5.4.1. Application for a Patent for Invention or Utility Model 28 5.4.2. Application for a Patent for Design 33 Chapter 6. Examination and Approval of Application for Patent 34 6.1. Examination and Approval of Application for Patent for Invention 35 6.2. Examination and Approval of Application for Patent for Utility Model and Design 42 6.3. Examination and Approval Procedure of Application for Patent for Invention 48 6.4. Examination and Approval Procedure of Application for Patent for Utility Model or Design 50 Chapter 7. Reexamination of Patent Application and Invalidation of Patent Right 51 7.1. Reexamination of Patent Application 51 7.2. Reexamination of Invalidation of Patent Right 53 Chapter 8. Legitimate Rights and Liabilities of Patentee 56 8.1. Legitimate Rights and Interests of Patentee 56 8.2. Legitimate Liabilities of Patentee 58 Chapter 9. Limitation of Patent Right 58 9.1. Exceptions to Patent Right Conferred 59 9.2. Compulsory License for Exploitation of Patent 60 Chapter 10. Protection of Patent Right 62 10.1. Duration and Scope of Patent Right Protection 62 10.2. Infringement of Patent Right and Legal Liability of Infringer 62 10.2.1. Infringement of Patent Right 63 10.2.2. Legal Liability of Infringer 64 10.3. Administrative Protection for Patent Right 65 10.3.1. Administrative Protection of the Patent Authorities 65 10.3.2. Administrative Protection of the Customs 67 10.4. Administrative Judicial Procedures for Protection of Patent Right 73 10.5. Civil Judicial Procedures and Remedies for Patent Right 74 10.5.1. Scope of Civil Patent Disputes 74 10.5.2. Jurisdiction 75 10.5.3. The Time Limit of Litigation 76 10.5.4. Application for Pre-trial Cessation of Infringement and Property Preservation 76 10.5.5. Litigation 79 10.5.6. Remedies and Compensations 81 10.6. Criminal Punitions for Infringement of Patent Right 83 Chapter 11. Compositions of Optimized Protection Strategies 83 11.1. Optimized Patent Protection Strategies based on the Kind of Patent Right 84 11.1.1. Review of Some Essentials of Knowledge 84 11.1.2. Compositions of Optimized Patent Protection Strategies based on the Kind of Patent Right 87 11.1.3. Case Studies 91 11. 2. Optimized Protection Strategies beyond Patent Right 99 11.2.1. Case Study: Pfizer's Viagra Patent and Trademark Dispute in China 100 11.2.2. Essential Knowledge of Registered Trademark in China 107 11.2.3. Optimized Protection Strategies beyond Patent Right 113 Chapter 12. Appendices 114 12.1. Case 1: A Patent Infringement Dispute of Eli Lilly (Eli Lilly and Company) v. Jiangsu Hansoh Pharmaceutical Corporation & Shanghai Institute of Pharmaceutical Industry in China 114 12.2. Case 2:: A Patent Infringement Dispute of Abbott Laboratories v. Andrx Pharmaceuticals, INC. 130 12.3. List of the People's Courts Accepting First Instance Administrative and Civil Litigations for Patent Case 150 12.4. Patent Registration and Patent Gazette in China 153 12.4.1 . Patent Registration in China 153 12.4.2. Patent Gazette in China 153 12.5. References 155 12.6. Resources 157 12.7. Author's Biography 158 12.8. Company's Description 159 ========================================================
Keywords:	China Pharmaceutical Patent Protection, Pharmaceutical Patent Protection
Commercial Morality in Trademark	Saif Khan	Trademark	2/24/08	329	9.6/10
Abstract:	Trademark law traditionally saw a trademark as little more than a window to the mark owner’s underlying business. Marks were necessary so that customers who were satisfied with a producer’s product could continue to patronize that producer. But, on this view, value lay in the business, and the business of the producer was the ultimate object of protection. Moral rights are representative of social values concerning the protection of trademarks which has either been registered or un-registered. They are based on a belief that trademark is something more than an attempt to earn a livelihood. The trademark results in a special relationship between the trademark owner and the mark used by him. Unfair-competition law comprises a flexible set of doctrines intended to uphold reasonable standards of commercial morality in varied and evolving circumstances, and this body of law should also bar the exploitation of others’ trademarks as advertising keywords.
Keywords:
Cybersquatting Ain't What It Used to Be	Judith Silver	General Intellectual Property	7/26/04	468	2.5/10
Abstract:	Domain name and trademark legal issues including cybersquatting and more. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	cybersquatting, domain name dispute, trademark
Domain Name Piracy: A Threat to Trade Mark	Raghvendra Singh Raghuvanshi & Gairik Guru	General Intellectual Property	5/1/06	566	6.8/10
Abstract:	The information technology has transformed the world into a global village. The Internet has established an inseparable link between man and the business. The internet has also brought disadvantages along with its advantages, like cyber squatting, cyber piracy etc. as the concept of globalization, liberalization and privatization is finding its way in the minutest of the commercial activities in developed, developing, and least developed countries, the importance of trademark is growing multi-fold. One cannot deny the value, a businessman attaches to its trademark. People identify the product of a particular manufacturer through its trademark. With the Internet being used in a big way by the businessmen for not only advertising and promoting their products, but also for selling them, the principles of trademark, infringement of trademark and passing off are being applied even in the online environment. One of the primary areas is Domain Names, which has been legal protection equal to that of a trademark. The domain name in the online world, just like the trade name in the offline world, serves to identify the goods/services provided by the company.
Keywords:	trade mark, domain name, IPR, intellectual property rights, IPR articles
Franchising in India: The time is right	Mr. Srijoy Das and Mr. Kartik Srivastava	India	10/4/04	1329	6.7/10
Abstract:	One of the primary factors which control the success of a franchising business in an emerging economy like India is the ability of a foreign franchisor to identify and seize the appropriate moment when the business environment is favorable and reap its rewards. Home to over a billion people, including a flourishing class of urban consumers possessing considerable amounts of disposable income together with the continued growth of the economy have strengthened India’s claim to be a viable and beneficial destination for a foreign franchisor.
Keywords:	franchising, India, intellectual property, trademarks, franchisor, franchisee, master franchisee
Guide to Filing a U.S. Patent Application (Utility Patent)	IP Lexicon	Patent	2/24/08	890	6.8/10
Abstract:	A practical guide outlining the specific steps required to file a U.S. utility patent application.
Keywords:	patent, patent application, utility patent, filing a patent application
IP competitive intelligence: What is my competitor really up to?	Navtej Saluja and Balwant Rawat	Patent	11/3/07	470	8.2/10
Abstract:	Ever wondered what Google has been up to lately? How about Yahoo!, Microsoft, IBM or other high tech companies? Many professionals, companies and organisations frequently ask similar questions about their key competitors. However, since this information is proprietary and highly confidential, there is almost no likelihood of getting these answers directly from the companies. Since companies, especially those in the technology sector, are constantly innovating and creating barriers for their competitors, they are also continously filing patent applications and getting many – if not most – of these granted. Hence, searching through databases such as those provided by the United States Patent and Trademark Office (USPTO), which contain granted patents and recently published patent applications, is one way of gaining an insight into the strategic direction of these companies. In this article, Evalueserve research shows that traditional searching techniques that only use databases such as the USPTO database, which comprises granted patents and published applications, for analysing a company’s patent portfolio are usually not sufficient. Evalueserve suggests the following complementary techniques: 1) One technique is searching through patent-assignment databases, some of which are freely available and others provided by Intellectual Property (IP) database vendors as licenses. For example, a complementary search within the USPTO patent assignment database can yield some of the missing ownership information, especially if the granted patents and published applications were filed by one entity and later acquired by another. 2) Another technique is checking accuracy by using complementary databases, e.g., correlating Patent Cooperation Treaty (PCT) filing information with USPTO filing information. 3) Yet another technique is performing inventor-based searches along with assignee-based searches to get better results. This technique really works well because there are many published applications for which ownership information may not have been recorded earlier. Finally, this article presents two case studies that use the complementary techniques mentioned above, as well as some of Evalueserve’s findings about Google and Yahoo!, which may surprise you.
Keywords:	Evalueserve, patent, competitive intelligence, Google, assignee, patent assignment, competitor
LOCUTUS October 2005 Issue	Carmen Champion & Jane Rawlings	General Intellectual Property	11/6/05	111	1/10
Abstract:	Summary of recent Australian cases in the IP law area.
Keywords:	trademarks patents copyright designs
LOCUTUS	cARMEN cHAMPION & jANE rAWLINGS	General Intellectual Property	12/11/05	108	4/10
Abstract:	Monthly newsletter detailing the latest Australian court decisions in IP
Keywords:	trademarks patents designs copyright confidential information
NEW AMENDMENTS TO PATENT LAW, INDIA	Sudhir Kumar Aswal	India	9/23/06	577	9.1/10
Abstract:	Recently Government of India has brought an amendment to change the whole structure of the patent law in India. This is a positive step in right direction whereby the Indian Patent office is made more accountable and to prosecute the application at teh earliest. At the same time, the time frame for complying with various directions of the Patent Office is increased considerably.However the major concern has not been addressed yet. Though the govt. brought an ordinance to bring the computer software imbeded in hardware and having industrial application into the defination of patentable inventions way back in April 2005 the same was not promogulated within the stipulated time frame.
Keywords:	amendments, patent rules, examination, compliance, india
Nanotechnology: The Smallest 'Big' Thing	Janaé Lehman Bell	Patent	3/26/05	376	6.8/10
Abstract:	Nanotechnology is expected to be big business. Those wanting to protect their investment in their nano-based inventions have been filing patents in droves and the applications are quite diverse. The United States Patent & Trademark Office (USPTO) has had to make some adjustments to facilitate the search and examination procedures of nanotechnology-related patents.
Keywords:	nanotechnology USPTO big business
New Strategies in International Trademark Protection?	Michael A. Meer	Trademark	3/21/05	869	7.7/10
Abstract:	The past twelve months have seen two important changes in international trademark law: First, when on May 1, 2004 ten new member states joined the European Union, the protection of all existing European Community trademarks was automatically extended to the territories of these new member states. Second, two important new members have joined the international trademark filing system (the Madrid System): the USA (in November 2003) and the European Community (in October 2004). This newsletter wants to point out briefly the latest developments and what impacts they have on trademark owners. On the one hand, the new regime makes international and regional trademark filings simpler, cheaper and more attractive. On the other hand, exactly these advantages make it necessary for trademark owners to look after their trademark portfolio more systematically and more effectively if they want to come up against the increased risk of infringements by foreign trademarks. Moreover, trademark owners are encouraged to peruse their own trademark filing strategy according to the new regime and to revise it accordingly.
Keywords:	international trademark protection
Protection of Well Known Trademarks in Iran	Mojgan Jahanpour	Trademark	11/3/07	192	5.6/10
Abstract:	As part of Iran's obligations under the Paris Convention, the Iranian courts have consistently discouraged hijacking of well-known trade marks. Even where the marks are not well known, the courts have consistently held in favor of marks that emerge from one of the Paris Convention countries and have prior international (outside Iran) use of the mark. In a recent court decision, the world renowned Armani trade mark won a landmark infringement action against an Iranian individual who sought registration of a trade mark for Arman in Persian script in international classes 30, 35 and 39 for saffron. The key points to note here are that the word Arman has a meaning in Persian (
Keywords:	Iran, Trademark Protection, Well Known Trademarks
Rights protected under Patent, Trademarks, Trade Secrets, and Plant Breede	Vijay K. Gupta	General Intellectual Property	11/3/07	350	7.6/10
Abstract:	Patents can cover new products, processes for creating these new products, and new processes for creating existing products. Trade secrets can cover information of a business or technical nature that have commercial value and secrete processes like mixtures of ingredients, recipes and knowhows. The protection applies to new plant varieties satisfying the criteria of distinctiveness, uniformity and stability. Trademarks protects a sign, logo, firm name, brand name, symbol, etc.
Keywords:	Rights, Patent, Trademarks, Plant varieties, Trade Secretes
Role of ICANN in Domain name World: Establishing a Rule of Law	Abhilasha Kumbhat	Trademark	2/25/06	249	5.8/10
Abstract:	The paper takes a look at the Internet Corporation for Assigned Names and Numbers (ICANN) and seeks to identify its larger significance. I examine the question of legitimacy as it plays out in processes of institutional design of ICANN. From the above emerges the major issue about the association of ICANN with the US, which forms one of the key reasons for the rising fingers, pointing towards the structural and functional weaknesses of ICANN. The paper addresses this issue as well, and proposes to give some fundamental solutions towards initiating a change. One of the primary goals of the case note also will be to address the views on the fairness of the Uniform Domain Name Dispute Resolution Policy (UDRP) to trademark holders and domain name owners, looking at whether or not the policies and procedures of the UDRP tip the scales in favor of either side, i.e. fair or unfair, in a domain name dispute.
Keywords:	ICANN, domain name, dispute
Singapore Treaty: Towards a new Trademark Regime	Pradeep Padman	Trademark	1/15/07	384	8.3/10
Abstract:	The World Intellectual Property Organisation (WIPO) has streamlined the administrative procedures for national and regional trademark applications by adopting the Singapore Treaty on the Law of Trademarks, concluding four years of work on the revision of the 1994 Trademark Law Treaty (TLT). The adoption of the Singapore Treaty marks a major milestone for WIPO as well as the international intellectual property community. Building on the TLT 1994, the new Treaty has a wider scope of application and addresses new developments in the field of communication technology. Radio jingles, perfume scents and holograms are among the unusual items that can now be protected under the trademark. PRADEEP PADMAN examines the new Singapore Trademark Treaty which adopts new standards and procedures for trademark protection to bring it in line with the technological developments of the past decade.
Keywords:	Singapore Treaty
THE CHANGING FACE OF IP- PATENTS©	Gautam Bakshi and Ashu Gautm Bakshi	General Intellectual Property	11/25/06	440	8.1/10
Abstract:	With the globalization of economies the world over and the stiff techno-commercial competition, the need of fencing around one’s Intellectual Property (IP) is ever-increasing. Intellectual property covers the intellectual creations of human mind and is protected by Patents, Layout Designs, Industrial Designs, Trademarks, Geographical Indications and Protection against Unfair Competition.
Keywords:	WIPO, PATENTS
THE LAW ON TRADEMARKS IN INDIA	Chandrakanti.L & Dr. Sreenivasulu.N.S	Trademark	11/3/07	271	8/10
Abstract:	The article speaks about the trademark law in India. Since the adoption of the Paris convention on industrial property till the TRIPS agreement the Trademark law has vitenessed several changes. However the crux of the trademark law to protect the marks of reputation and fame identifying the goods and services of a particular origin and quality remains same. The paper highlights the means and mechanisams available under the law to protect the valid trademarks in India. The article also speaks about the enforcement of trademarks in case of infringement. It is an attempt to laydown the law relating to trademarks in a comphrehensive way
Keywords:	trade mark, protection, law, Act, goods, services
TRADEMARK REGISTRATION PROCEDURE IN PAKISTAN	MUHAMMAD NOUMAN SHAMS, ADVOCATE	Trademark	11/3/07	341	10/10
Abstract:	..
Keywords:	qazi
The Doctrine of Equivalents: A Matter of Chance and Confusion	Kirk M. Hartung	General Intellectual Property	1/3/05	1288	8.5/10
Abstract:	It has been over 150 years since the Supreme Court first set forth the basis for the doctrine of equivalents. Despite this long history, the doctrine is still misunderstood and misapplied. More importantly, the doctrine of equivalents is precluded by estoppel if there was a narrowing amendment made for purposes related to patentability, such as avoidance of prior art. Under this application, the doctrine of equivalents is purely a matter of chance, depending on whether the patent drafter or the Patent and Trademark Office examiner happens to find the best prior art before the patent issues. Such fortuitousness leaves little guidance for the patentee or the patent attorney. A simple return to the basic premise for the doctrine will reduce, or perhaps eliminate, some difficulties which exist with the doctrine today. However, many unanswered questions remain regarding estoppel and equivalents.
Keywords:	doctrine equivalents estoppel amendments Supreme Court
The European Union and Copyright - An Analysis	S. Nahar	Copyright	2/24/08	315	10/10
Abstract:	The term ‘intellectual property’ became common in the 1960s with the setting up of WIPO (World Intellectual Property Organization). However, this is not to imply that the concept of Intellectual Property did not exist before this. In fact, there are a number of theories (such as the Labor Theory by Locke and the Personality Theory propounded by Emmanual Kant and Hegel) which have been used to explain intellectual property and sufficient state practice exists to determine concretely that this concept of granting rights over inventions, aesthetic works and brands is not exactly new. There are certain intellectual property rights which require registration to formally be recognised as rights attributable to the authors. Examples of these would be patents, trademarks etc. However Copyright is one of those, which do not require any formalities. It comes into existence when a work is fixated or recorded in any permanent way. A fundamental question can be posed as regards copyrights: What would be the way to determine in case of different jurisdictions which law and the copyright of which author is to be given protection. The TEU contains a number of provisions, which are directly and indirectly related to the concept of Intellectual property protection. Articles 30 – 36 are related to the elimination of quantitative restrictions on trade between member states to accomplish the free movement of goods. This in itself poses an irreconcilable conflict when it comes to intellectual property rights. The exercise of an intellectual property right that causes market partitioning will be upheld only insofar as the ‘specific subject matter’ of the right is being protected. Article 86 of the TEU also applies to prevent the abuse of dominant position. There is a somewhat novel provision in European Law regarding intellectual property which has attracted considerable criticism as well. This is the concept of exhaustion of rights. Normally, a right-holder possesses an exclusive right over the property in its own area together with the proprietary right over the use of the product in other areas. However, thinking that such a rule would have a potential effect of dividing the Community into a number of self-contained areas the above concept was devised. Here if the right is sought to be extended to other states then it must also face the wider competition of the other states. In this article, the researcher seeks to examine the above-mentioned provisions of the European Union as regards copyright
Keywords:	copyright, European Union, copyright licensing
Top Ten Legal Oversights That Can Shut Down Your Website	Brett J. Trout	General Intellectual Property	11/6/05	553	5.5/10
Abstract:	This article explores some of the more common mistakes companies make online. Whether it is trademark, copyright or trade secret infringement, any of these problems could shut down a website and possibly the entire company as well. Often, avoiding years of litigation and hundreds of thousands of dollars in attorney fees can be as simple as taking a few basic precautions. Unfortunately, too many companies learn too late how simple it might have been to avoid an online catastrophe.
Keywords:	website infringement trademark copyright trade secret online
Trademark Protection in Nepal	Mr. Ram Chandra Subedi	General Intellectual Property	2/24/08	222	10/10
Abstract:	The purpose of this article is to give our clients and foreign associates a flat idea about recent trademark protection system in Nepal so as to facilitate their trademark protection work in Nepal.
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Trademark Searches as Risk Management	Christine Lebron-Dykeman	Trademark	3/26/05	500	10/10
Abstract:	The value of your company's trademarks will dramatically appreciate through successful use. And, unlike copyrights and patents that eventually expire, trademark rights can last indefinitely if the mark continues to perform a source-indicating function. Because trademarks are an appreciating asset with a potentially perpetual life, it is important to choose them carefully.
Keywords:	trademark value company assets
Trademarks Law in India	Sudhir Kumar Aswal	Trademark	11/3/07	255	5.1/10
Abstract:	Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrdid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.
Keywords:	Trademarks, laws, India
Use of Trademark in Comparative Advertising: Situation in India	Priya Bansal	Trademark	4/5/06	485	7/10
Abstract:	Trademarks Act, 1999 has incorporated the provisions related to this concept in Ss. 29(8) and 30(1). According to the statute it is permissible, with certain limitations as to unfair trade practices. ‘Unfair trade practice’ has been defined u/s 36A of Monopolies and Restrictive Trade Practices, 1969 that stands repealed now. Another statute Consumer Protection Act, 1986 provides protection against unfair trade practice but in the cases of ‘comparative advertising’ the parties are firms (whose products are endorsed by the advertisements), which would not come in the ambit of ‘consumers’ to approach the consumer forum. Nevertheless, judicial pronouncements are playing an important role to determine the extent of comparative advertising. How the extent is determined? And what is the current situation? To deal with these questions is the objective of this paper.
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What are Consumers Rights to Copy Music and Movies?	Vincent S. Egolf	Copyright	3/26/05	908	7.5/10
Abstract:	One of today’s hottest intellectual property topics is the copying and on-line distribution of music and movies. Using a personal computer, an individual can now easily trade music files over the internet, create personalized compact disks from their downloaded music files, and create back-up copies of the movies in a digital video disk (DVD) collection. Unfortunately, each of these activities violates federal copyright law.
Keywords:	copyright movies music RIAA infringement
What are Trademarks and Why You Need to Take Them Seriously	Michael N. Cohen, Esq.	Trademark	1/15/07	715	8.6/10
Abstract:	Trademark application, trademark search, trademark litigation, cease and desist? What does it all mean? This article explains when to do a trademark search and why.
Keywords:	trademark, lawyer, attorney, los angeles, application, patents, trademark search
What is Intellectual Property: Part 3 Trademark	Judith Silver	Trademark	7/26/04	1538	7.6/10
Abstract:	Overview of trademark law, including pluses and minuses of obtaining a trademark. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	trademark, trademark searches, service mark
Works Made for Hire: Who Owns the Copyright?	Jeffrey D. Harty	Copyright	3/26/05	1373	9.7/10
Abstract:	The copyright laws protect original works of authorship, such as books, movies, sound recordings and computer programs. The question of whether a copyright exists to protect a particular work from unauthorized copying is easily answered. Often a more difficult issue is determining who actually owns the copyright.
Keywords:	author writer publisher

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