Trade Marks, Copyright and Industrial Designs

22/08/2018 Financial & Legal Services

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Description

Proprietor of a registered trade mark may initiate an action for infringement and/or passing off (a common law remedy). In addition a registered user so recorded with the Trade Marks Registry may also file a suit for infringement.

In the case of copyright, an owner of a copyright or an exclusive licensee can institute a suit for infringement. In case the lawsuit is initiated by an exclusive licensee, the owner of the copyright must be a pro forma defendant in the suit.

A design owner or licensee (provided the licensee is registered with the Controller of Patents and Designs) may institute a design infringement action.

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