Professional Documents
Culture Documents
28.06.2021 To 02.07.2021
Introduction and Briefing about how the internship under an advocate is done. Assigned
with an example work to draft a plaint for the Client ( Ritu Das), who has approached for
seeking legal help.
Intellectual Property Right. He also gave important points related to it. He gave
Design Act, 2000 for the legal research also. In the legal research, I have
researched many important points related to it. I will discuss these points in
theshort:
Sections Sub Heads
Application, etc.
9. Certificate of registration.
Property Right?
Thave researched the topic and find out that there are several Rights which protect the
architectural drawings and these rights were: -
Copyright law protects the owner of copyright works, whether it be a person or a company,
and moral rights protect the creator of the copyright works. For a particular work to be
considered a copyright work, it needs to feature more than common or generic ideas - there
must be some individual or unique feature to the works that requires protection
Whilst copyright and moral rights are designed to automatically protect the interest of
creators such as architects, it is necessary for architects to be proactive in order to maximize
protection over their works.
When entering into an architect/client agreement with a client, an arch itect should be
mindful that a client who commissions the architectural works is
likely to have an implied
license to use those works for the purpose in which they were commissioned. In
addition,
architects should be aware that a client's failure to pay for the service does not disentitle a
client from relying on the implied license. The implied license is irrevocable but only at
particular stages.
In circumstances where client has failed to pay for an architect's services, the architect
a
retains the right to recover the fee under the contract by pursuing a claim in court.
"A trademark is a sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises. Trademarks are protected by intellectual property rights."
2. In principle, a trademark registration will confer an exclusive right to the use of the
registered trademark. This implies that the trademark can be exclusively used by its owner,
or licensed to another party for use in return for payment. Registration provides legal
certainty and reinforces the position of the right holder, for example, in case of litigation.
3. The term of trademark registration can vary, but is usually ten years. It can be renewed
indefinitely on payment of additional fees. Trademark rights are private rights and
protection is enforced through court orders.
4. A word or a combination of words, letters, and numerals can perfectly constitute a
trademark. But trademarks may also consist of drawings, symbols, three-dimensional
features such as the shape and packaging of goods, non-visible signs such as sounds or
fragrances, or color shades used as distinguishing features - the possibilities are almost
limitless.
After reading the judgment I found out that the defendant, Bisleri by a master agreem nt,
had sold and assigned the trademark MAAZA
including formulation rights, know-how,
intellectual property rights and goodwill for India with
respect to a mango fruit drink known
as MAAZA to Coca Cola.
Submitted by:
A. Mahathi Poornima
20FLICHHO20001 KARAN VEER TYAGI
BA LLB SECTION D Advocate
Enrl. No. D-1999A03
Ch. No. 744,
Lawyer's Chamber
Dwarka Court, New Deihi-110075
Mob. : 9999886360