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WEEKLY REPORT

28.06.2021 To 02.07.2021

Day 1:Date : 28th June 2021 (Monday)

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.

Day 2: Date: 29thJune 2021 (Tuesday)


On second day of internship my internship guide gave me explanation on

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

3. Controller and other officers.

4. Prohibition of registration of certain designs.

5. Application for registration of designs.

6. Registration to be in respect of particular article.

7. Publication of particulars of registered designs.

8. Power of Controller to make orders regarding substitution of

Application, etc.

9. Certificate of registration.

10. Register of designs.

Day3: Date: 30thJune 2021 (Wednesday )


On third day of internship my internship guide gave me a question related to

IPR for the legal research. The question was:

Q) How can we protect the architectural drawings under Intellectual

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.

Architects must be aware of the potential issues surrounding the


ownership of the copyright
of their works and tak practical steps to maximize protection over their works when
entering into an agreement with a client.

Day4:Date:1 July 2021 (Thursday)


On the fourth day of the internship my internship guide gave me Trade mark topic for the
legal research. In research, I have researched about trade mark and find out some important
points related to it:

"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."

1. At the national/regional level, trademark protection can be obtained through registration,


by fling an application for registration with the national/regional trademark office and
paying the required fees.

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.

Day 5:Date : 2nd July 2021 (Friday)


On the fifth day of my internship I was told to research and study an important case related
to Trademarks name The Coca Cola Company v. Bisleri International Pvt. Ltd.

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.

In 2008, the defendant company filed for


registration of the mark MAAZA in Turkey and
started exporting fruit drink under the name MAAZA. The
plaintiff, Coca Cola claimed
permanent injunction and damages for infringement of trademark and passing off.
The court granted an interim injunction against the defendant (Bisleri) from using the
trademark MAAZA in India as well as for export, which was infringement of trademark.

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

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