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(pdf) Intellectual Property Law

Added on - 23 Nov 2020

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Intellectual Property Law
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION A.....................................................................................................................................1Question 1. Claim against unauthorised use of registered trade mark...................................1SECTION B.....................................................................................................................................3Question 4 Common fields of activity for claim of passing off.............................................3CONCLUSION................................................................................................................................6
INTRODUCTIONThe properties included in intellectual property are tangible and intangible properties.Tangible properties includes work liable for copyright, ideas, inventions and discoveries.Intangible property includes, trade secrets, patents, copyrights and trademarks. Intellectualproperty law lays down rules for securing and enforcing legal rights to invention, design andartistic work. This report is about the essential elements and principles related to passing off. Allthe activities that shall be carried out for a claim of passing off are written in this report. In thisreport cases of Davies family and Robinson family is also discussed. The discussion is aboutunauthorised use of their registered trade mark by competitors in the market with identical andclaims made by them.SECTION AQuestion 1. Claim against unauthorised use of registered trade markTrademark infringement:It is an unauthorised use of a trademark for competing or relatedgoods. The unauthorised use is by third parties in respect of good and services. A law has beenstated to prevent intellectual property rights of the owner of trade mark from third parties. Thekey element of unauthorised use is to establish weather the owner of trademark has consented tothe use of trademark1. That is has been no consent to third party authorising use of trademark ofowner. A consent can be given by the owner in form of license or even be selling the authoriseduse of trademark to third party.Case of Davies Family:The Davies family is selling its product 'Fellera Hybrid bike' in retail outlets such as ToyR Us and supermarkets. The name Fellera was registers from past three years. Now, a competitoris selling the same product as name Bellera in same markets2. The product is launched 5 monthsago and has not been registered yet.1Janis, M. D. And et.al., 2016.IP and antitrust: an analysis of antitrust principles appliedto intellectual property law. Wolters Kluwer Law & Business2DAILY, J. E., KIEFF, F. S. and WILMARTH JR, A. E., 2014. Introduction.InPerspectives on Financing Innovation(pp. 13-16). Routledge.1
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