Tuesday, September 28, 2010

The Software Patents Debate: US v. EU

Voracious Vehemence for IP Rights: Current Scenario and the Need For
Harmonisation of Laws Regulating Patentability of Software Patents

I.] The Patent Debate- Growing Diverse Visions
II.] The Voracious Vehemence for the IP rights
III.] Experiences of the various states
IV.] Overlapping of software patents- Reasonable Reasons for disclosing the software thickets
I.] Trends in the legislations- A Comparative Analysis
II.] The duality in protection of the computer softwares
III.] The legal and scientific views of patentability
IV.] The need of harmonization: Answering the quest for absolute justice
     A.] The key principle for harmonization of the patentability of computer- Implemented  
     B.] The possible claims- preserving what is at stake.
            1)  The perplexed analysis of patentability
            2) The pros and cons of software patents.
            3) Analysis of the alternative copyright.
            4) Policy recommendations and future research – Outlook and suggestions.
   C.] Proposed reforms to the various country reports
          1) Shortcoming in the legal systems
          2) Upholding the moral rights of the software developers
          3) Analysis the constitutionality of the patents
          4) Future references.


Thursday, September 16, 2010


Concept of “Residence” under Income Tax Act
By Sabaha Khan
LLm (Business Laws)
National law school of India university, Bangalore
 Tax incidence on an assessed depends on his residential status. For instance, whether an income, accrued to an individual outside India, is taxable in India depends upon the residential status of an individual in India. Similarly, whether an income earned by a foreign national in India (or outside India) is taxable in India depends on the residential status of an individual, rather than his citizenship. Therefore, the determination of the residential status of the person is very significant in order to find out his tax liability[1]. One can say that taxation of the assessee depends on his residence. Therefore, the first inquiry is always towards proper ascertainment of the residential status of an assessee. In a decision of the Calcutta High Court[2] the learned judge observed,
“in my opinion, the word residence in its simple and ordinarily meaning signifies the place where the human eats, drinks or sleeps, or where his family and servants eats, drink and sleep and where there is some permanence and continuance of such eating. Drinking and sleeping and the statement of Bayley Justice in the case of King v. Inhabitants of North curry, is in m opinion, an authority on that proposition.”

Saturday, September 11, 2010

Claims tribunal; constitution, function & claims procedure

2.Constitution of the claims tribunal
3.Function of the tribunal

4.Application for compensation
5.Fraudulent claims
6.Settlement of claims


Registration of Unconventional Trademarks in India

A trade mark may be a word signature, name, device, label, numerals or combination of colours used by an undertaking, on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Under the Trade Marks Act, 1999, goods and services are classified according to the International Classification of goods and services. Schedule IV of the Act provides a summary list of such goods and services falling in different classes: but this is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall.   
The different types of trademarks available for adoption are:
  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms.
  • Combination of colours or even a single colour in combination with a word or device.
  • Shape of goods or their packaging.
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.

Friday, September 10, 2010

Trade Mark Law in India & Its Violation ? An Analytical Study

A trademark or trade mark is one of the elements of Intellectual Property Right  and is represented by the symbol TM or ® or mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.
The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.

Rights & Remedies of a Trade Mark Owner-
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.


Wednesday, September 8, 2010

Case Study: Merger of ICICI Limited with ICICI Bank

Case Study: Merger of ICICI Limited with ICICI Bank

Brownfield expansion has become one of the popular strategies being pursued by companies from all over the world. Indian companies are no exception to this trend. The wave of merger and acquisitions have been knocking at the door of Indian Financial system. But this trend is not exactly new. There have been 36 mergers in the Indian banking Industry since 1969- the year in which the banking sector was nationalised by the government. The merger of ICICI Ltd with ICICI Bank is an example of reverse merger led to the creation of India’s first Universal Bank.
ICICI Ltd merged with ICICI Bank on 30th March 2002, with the swap ratio of 2 ICICI shares for 1 share of ICICI Bank limited. With this merger, second largest bank in India was born. RBI had given approval for reverse merger of ICICI Ltd with its banking arm ICICI bank. ICICI bank with its 1 lakh crore rupees asset base bank is second only to State Bank of India, which is well over Rs. 3 lakh crore in size. RBI also cleared the merger of two ICICI subsidiaries ICICI Personal Financial Services and ICICI Capital Services with ICICI Bank. The merged entity will have a capital base of Rs 95 billion, 8,300 employees and a huge nationwide branch network..... by Sabaha Khan

Expanding scope of Marks Capable of Registration under Trade Mark Laws


"There is nothing in the intellect that was not first in the senses."
                                                                                                     Aristotle, On the Soul
What immediately comes to your mind when you hear the sound of chimes, a child’s giggle or a lion roar? Smell fresh cut grass or plumeria blossoms? Or see the colour pink? A non-traditional trademark is relatively new under the IP law and therefore does not come under the pre existing conventional categories of marks like letters, numerals, words, logos, pictures etc. The term therefore consist of marks such as colour, sound, smell, shape, moving image, hologram, tactile, taste, and celebrity mark. The concept of non traditional mark is an innovative concept as it produces entirely new family of marks discrete and distinct from the traditional trademarks. Non-traditional trademark can either be visible signs such as colours, shapes, moving images or holograms or non visible such as sound, scents or taste etc.
Therefore, the scope and function of modern trademark have considerably expanded, as civilisation continues to evolve into a modern technological era.Trademark has to include an indication of origin and a quality guarantee and have to function as a marketing and advertising device alsoConsumers readily recognize traditional trademarks such as brand names and logos as identifying the source and quality of goods and services. However, consumers may not readily acknowledge that a colour, sound, or scent functions as a trademark. Further, even where consumer recognition is not an issue, consumers rarely have the opportunity to make a direct comparison between similar non-traditional marks and, as a result, face increased difficulty identifying and distinguishing their desired product or service. As such, granting trademark protection in non-traditional marks may incite rather than mitigate consumer confusion. There are fundamentally three tests, which every mark has to qualify in order to be registered as trademark. The tests of functionality, graphical representability and distinctiveness. According to section 2(1)(zb) of Indian Trademark Act 1999, any mark which is capable of distinguishing goods and services of one undertaking from another, and capable of represented graphically is capable of registration. Thus, the trademark definition is inclusive one and non-traditional trademark can very well come under it if they fulfil the criteria given. However, there are also several problems with the registration of non-traditional mark like the problem of distinctiveness itself. Though, certain non traditional trademarks like colour and shape can be identified by consumers easily, for others like smell and taste marks, perception may vary which may create confusion in the minds of consumers. The second problem is graphical representability of the mark to be registered especially in case of smell and sound mark. This paper concentrates on these aspects in the light of legal requirements in various jurisdictions and with the help of decided cases...... by Sabaha Khan

Monday, September 6, 2010

All India Bar Examination in order to practice law in India...

The All India Bar Examination intended to test an advocate’s ability to practice the profession of law in India. As on December 5, 2010 first time that this examination will be conducted, it will assess capabilities at a basic level, and is intended to set a minimum standard for admission to the practice of law; it addresses a candidate’s analytical abilities and basic knowledge of law.

The first All India Bar Examination shall be mandatory for all law students graduating from the academic year 2009-2010 onwards. Candidates may apply to appear for the All India Bar Examination only after enrolling as an advocate under Section 24 of the Advocates Act, 1961 and will have to submit suitable proof of such enrolment along with the application form for the All India Bar Examination....