Some Points on IPR
The Trade Marks Act, 1999 defines what is a collective mark in S. 2(g) of the Act whereas what is deceptively similar is defined in S. 2(h) of the said Act.
It is also clear that if a mark is obscene then it shall not be registered under S. 9 (2) of the TM Act. What S.17 of TM Act confers is a right on a proprietor and not on the customer of the proprietor. Similarly, if we see S.33, the period given is a continuous period of 5 years and less than 5 years is not mentioned in S.33 of TM Act, 1999.
Patents Act, 1970 defines exclusive licence and it is not defined in the TM Act, 1999. Abstract is needed for complete specification which is clear from S. 10 (4) of the Patents Act, 1970. However, S.25(1) of Patents Act, 1970 is only when patent has not been granted. Public inspection is clearly permitted under S.43 (2) of Patents Act, 1970.
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