Doctrine of Scene A Faire in Copyright Law
INTRODUCTION Scène à Faire is French for ‘scene to do/scene to be made’. It refers to elements that are so common in a particular genre or form of creative work that they are considered essential for conveying those ideas. These generic or clichéd elements, which are often necessary to express certain ideas, are not eligible […]
Inventive Step in Indian Patent System
INTRODUCTION Patents safeguard inventions by granting exclusive rights, but not all inventions qualify. For an invention to be patentable, it must meet three fundamental criteria: novelty, an inventive step (non-obviousness), and industrial applicability. While the criteria for novelty and industrial applicability are generally well-defined and understood based on the Act’s provision, the concept of non-obviousness, […]
Trademarks and Secondary Meaning: Acquired Distinctiveness in India
INTRODUCTION The fundamental principle of trademark law is to protect the source of origin of the goods or services under the creation label or mark. Such a label or mark should have a distinctive character capable of distinguishing itself from other players in the market. It could be inherent or could be acquired through secondary […]