Author: Elizabeth Verkey and Jithin Saji Isaac
Intellectual Property law is an emerging area of law and envelopes all creative activities of mankind. The development of society being interlinked to creativity, the importance of this branch of law assumes much significance in modern days. In this context it is worthwhile to learn the gamut of laws in the realm of intellectual property. Learning of intellectual property combines legislative interpretation with case laws and also a tangy touch of science in some branches.
Apart from the legislations, our courts place much reliance on the case laws of foreign jurisdictions while deciding cases on intellectual property law. As practicing lawyers we could stir and spice up the book with the right flavour of case laws needed for a practitioner and a student of law. A creator of intellectual property would also need to look into the case laws to understand the law in practice.
This revised edition has updated the case laws of India and also the important cases in other jurisdictions. The judgment in Britannia Industries Ltd v. ITC Ltd.1 which has laid down the test for assessing deceptive similarity in an action for infringement and passing off and the landmark judgment in Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd.2 which re-defined transborder reputation are also included in this revision. We have strived to keep the readers abreast with the latest developments and have also included the latest Tribunals Reforms Act, 2021.
We are indebted to the many authors who have thrown light to us on the various aspects of intellectual property law and also our teachers and the many legal luminaries in intellectual property law in the University of Edinburgh and the King’s College, London with whom we had the opportunity to interact.We owe our gratitude to our legal team at Isaacs’ Advocates, Cochin and our dear colleague Adv. O.K. Shamsudeen, who has painstakingly done research work for the revision of this book. In this venture we were constantly supported by Mr Sumeet Malik and Mr Abhinandan Malik of Eastern Book Company, our publishers and also Ms Nilufer Bhateja who was constantly in touch with us during the completion of this book.
We hope this revised edition would prove useful to the legal fraternity, law students, universities and other institutions.
August 25, 2021 —Dr ELIZABETH VERKEY
—JITHIN SAJI ISAAC