Blog by Niti Manthan
Facilitating young minds towards holistic development.
The paper deals with the topic of trademark bullying. The author opens the paper by defining what a trademark is, and then looks at trademark bullying. The author then analyses some factors that are looked into by the courts when it comes to the infringement of trademark, and how some of them lead to trademark bullying. The author goes on to look at the protection offered by the Indian Trademarks Act against trademark bullying and some cases on the same. Finally, the author looks at certain measures that can be taken to protect oneself from trademark bullying.
Product-by-process claims developed in response to the need to enable an applicant to claim an otherwise patentable product that resists definition by other than the process by which it is made. Initially, product-by-process claims were only permissible where the invention could not otherwise be adequately defined. Gradually, product-by-process claims became allowable even when the product could be defined with the help of its enhanced features given to it by the process used to create it.