JEMTEC

  Domain name as the name suggests is part of network address which identifies the source or origin as to which particular domain or IPaddress it actually belongs to. It is very similar to trademark, as one of the significant functions of trademark is also to identify the source or origin of goods and services. With respect to critically understand the term ‘distinctiveness’ in domain name, Hon'ble Delhi High Court have delivered a leading case law i.e., Yahoo Inc.V. Akash Arora. In this judgment the issue before the court was that whether trademark is similar to domain name or not? Also, whether plaintiff will be given passing off remedy or not? As plaintiff has registered the word 'yahoo' as trademark and ' yahoo.com ' as domain name, whereas defendant came up with domain name ' yahooindia.com '. To which the court said that the defendant is clearly cashing on the goodwill of the plaintiff as the plaintiff has acquired distinctiveness over the word yahoo....

A writ is formal legal order issued by government authorities , mostly by the courts to do a particular duty or to refrain from doing something ultra-virus/illegal. Initially it was given or issued by the sovereign of a country or by the king of a state in the form of letters. In present situation when we talk about Indian Constitution, writs are very well covered under it and are part of our Constitution. Five kind of writs are mentioned- Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto. ·         Habeas Corpus: it means 'to bring the body'. In case, there's any kind of illegal detention of any person, them he (the detained person) or any of his friend on his behalf may file a writ on his behalf. Here, the court may order the person who have detained anyone to bring him or produce him before the court and justify his detention, that why has he been detained illegally. On non-justification of his detention, court orders for t...

Trademark is one of the intellectual property rights which is very well known in today's era. Almost every individual is dealing in some way or the other with n no. of trademarks , may be by selling, purchasing, and marketing any of the products or services in the market. Whereas Domain name is parallel to trademark, which means, what trademark does in real life, domain name does in virtual world. It basically helps in the field of selling, purchasing, marketing goods or services online through different websites. The object of trademark is to identify the source or origin of the proprietor selling the goods or services and the object of domain name is to identify the source or origin of goods or services on online portal. Every website has its own domain name by which the customer can very well identify its source or origin.  Secondly, for trademark we have trademark Act, 1999 which deals with all the provisions for trademark. It is not...

Pharmaceutical industries are one of the major industries in India. They were popularly known for their ‘Reverse engineering process’ that is to say they used to decipher the product by different process and produce the generic version of the previous patented product. Before, Patent Amendment Act, 2005 as there was no product patent in India so, these pharmaceutical industries were able to produce the generic versions of the product. But after this 2005 amendment, product patent was introduced in the Act and with the advent of this product patent; it became difficult for them to produce the generic versions. As a result they were left with only two options, first either they can opt for voluntary license or they can opt for compulsory license. But generally the MNC’s resists themselves in giving voluntary license to generic companies as a result there was a huge problem being faced by these generic companies. The concept of compulsory license existed in the patent act from very beg...