Author: sanskrita.das

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Trademark

A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the […]

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Patent

WIPO defines patent as an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.1 A patentee shall have exclusive rights over his invention for a period of 20 years, and he can exclude […]

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Malfeasance in Tort Law

Malfeasance is applied when any unlawful act is committed. It is relevant to those unlawful acts which are actionable per se no proof is required with. For example,  trespass. Malfeasance is a broad term covering any act which is illegal and causes physical or financial harm to another individual. It is an intentional act of […]

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Absolute Liability

The concept of absolute liability evolved in India after the case of M.C Mehta vs Union of India famously known as Oleum Gas Leak case. This is one of the historic cases in the Indian Judiciary. The case of M.C Mehta is based on the principle of strict liability but with no exception were given and the individual […]

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Strict Liability

The strict liability principle is an extremely important concept under the law of torts. The basis of this principle basically lies in the inherent harm that some activities can inflict. For example, leaking of poisonous gasses, as it happened in the Bhopal Gas Tragedy, will attract this rule. The underlying principle of compensation in torts […]

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