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In simple terms, trade secrets are IntellectualProperty Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. Trade secrets comprise both technical info, including designs and drawings of computer programs, pharmaceutical test data, information concerning manufacturing processes, etc.,
It implies that while a specific technology may be protected in the main markets of a company, it may lie in the publicdomain in some other countries. In most countries, they typically last for a maximum of 20 years, after which they lie in the publicdomain and can be freely used by anyone.
Therefore, a business company or organization should consider whether it is suitable to sign a non-disclosure agreement to safeguard and not misuse any piece of info it considers confidential, valuable, and not belonging to the publicdomain. Bottom Line.
By performing a patent search, you can get an indication of what all information is available and accessible in the publicdomain concerning the proposed invention. A patent search is the first step of the Patent Registration process in India, and that too is a crucial one.
It is also fair to use works that have fallen into the publicdomain as the rights over such content are exhausted due to the nature of these rights. However, quoting facts word-to-word, paragraph after paragraph, won’t be construed as constituting fair use. It can be used freely by anyone.
A common misconception is that instrumental music lies in the publicdomain and doesn’t need to be licensed. Although many instrumental tracks are available and accessible via the publicdomain, most of them belong to their rightful copyright owners, including royalty-free companies.
Many companies exploit renowned person identities without obtaining proper consent, leading intellectualproperty experts to advocate for the safeguarding of image rights through registration under IntellectualPropertylaws. Sanjeev Kapoor, who holds a registeredtrademark for SANJEEV KAPOOR KHAZANA in Class 29.
Call for Submissions: NALSARs Indian Journal of IntellectualPropertyLaw (IJIPL) Vol. 15 [Submissions by March 31, 2025] NALSARs Indian Journal of IntellectualPropertyLaw (IJIPL) is inviting submissions for its 15th Volume. The last date for submission of entries is March 31, 2025.
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectualpropertylaw. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the publicdomain and, therefore, available for everyone to copy. But not so fast.
The result is that IntellectualProperty is often left unprotected or undefended. Fortunately, you don’t need to grasp all the complexities of IntellectualPropertylaw to protect your creative work. For more details on copyright, download our free eBook, The Law of Creativity , using the form in the sidebar.
As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress.
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