This Paper provides a concise summary of patent damages in US and India. Any person who invent something which is new as well as unique, which can help in reduction of cost that every class of people get the benefit of the invention, and also, improvement of technologies. On this invention he/she can get a patent for a period of twenty years, and during this period if any person is using, selling the invention, he shall be liable for infringement and patentee or patent holder has right to claim damage from infringer, patent can be extremely important for the patentee as well as world. The general question is that damages will depend on the country where you infringe. Different countries have different laws. In US law, provides Damages in section 35 U.S.C. 284 and the Indian Patent Act 1970, no express provision has been provided, but section 108(1) talks about Damages.
Media is a very powerful tool in a democratic country like India. The positive role and use of the mass media is the strongest tool to maintain democracy. Our country had transformed itself from the Police State to Welfare State. Due to this transformation, the responsibility of the state has increased manifold. To work in such increased responsible manner it is required to make a lot of legislation either by the parliament or by the administrative authority. It is important to disseminate these laws to the general public for whose benefit it has been made. If the public is not aware of their rights and liabilities then the very essence of the law is lost. In such condition, the law becomes the toy in the hand of some people which is the more dangerous situation. Whatever progress the country has done, or what is the new area where our country should focus can be projected with the help of media only. The print media and social media help the society to demand justice. In the present era, it is evident that those social and legal matters aroused in the society in which the media has taken initiatives has got more legal support and reached to the conclusion soon than those which never got the attention of the media. The advertisement of the Right to Information Act has proved the usefulness of the media for the betterment of the administration as well as the country. The public has awakened and got the idea about their rights. In dealing with the government offices, the awareness of the general public works as a strong stimulant to fight corruption. There are certain persons and offices which are diminishing the image of the media in the society. These people and organisations are using the wrong ways to publish the fake news which spread rumours in the society. It has caused a quarrel between the groups in the society. Such fake news spread enmities, disturb the social structures of society. It needs to be curbed. It has been proved in times that the media the Fourth Pillar of the Democracy.
This paper discusses the relevant provisions of the Indian statute, highlighting the protection offered to Well-Known Trade Mark’s proprietors from passing off and infringement of well-known trademarks. It provides for what acts constitute passing off and infringement of well-known trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of well-known trademark violation. The paper also discusses the factors to be considered in case of passing off and infringement action along with different judicial pronouncements given by Indian Courts.