"In law, everything is related to facts. Facts are the centre of a case and a question of fact is best understood when treated with question of law. If a lawyer has mastered the facts well, then half the case is won," said Nakul Sharedalal, who was addressing the audience on Sunday, the last day of the 5th Annual Intellectual Property Summit in the city. Sharedalal works with YJ Trivedi and Company and was one of the speakers for the session 'Marshalling of Facts is the Heart, Law is the Soul'.
Talking more on the topic, senior advocate from Mumbai Rahul Chitnis said that radical changes are taking place in the Trademark Act in India. "Today, jurisdiction has become more and more proactive towards the litigant. The recent example is where a person from Mumbai filed a case against Whirlpool citing infringing of copyright. But the panel of judges took the decision in favour of Whirlpool," stated Chitnis.
Chitnis further said that there is increase in awareness among Indians about patents and related laws. "Today, many Indians are going abroad to file patents. Lot of Bollywood movies get in the fight of copyright infringement and plagiarism," he added.
However, many clients do not know that they can actually claim personal damages according to Intellectual Property (IP) law.
Speaking on groundbreaking areas within IP law, Anand Acharya, a lawyer from USA, explained how IP law could bring breakthrough technology and help society at large. He also highlighted the visibility and the sense of morality involved in it.
