This article titled ‘Publici Juris: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the legal maxim of Publici Juris. I. Origin and Meaning Publici Juris is a legal maxim of Latin origin. In Latin, the maxim literally translates to ‘of public right or belonging to the public’[1]. II. Explanation It refers to anything or a right that is available to and exercisable by anybody. In general, it refers to items that belong to a complete...
This article titled ‘Publici Juris: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the legal maxim of Publici Juris.
I. Origin and Meaning
Publici Juris is a legal maxim of Latin origin. In Latin, the maxim literally translates to ‘of public right or belonging to the public’[1].
II. Explanation
It refers to anything or a right that is available to and exercisable by anybody. In general, it refers to items that belong to a complete community rather than a single individual. Although states can award private companies a franchise to maintain such broad resources, these grants must be supervised by the state to ensure public access.
III. Application
In instances concerning Ip Rights, Publici Juris is employed. It is said to be publici juris when an item is a common property that may be used by anybody who wants it, as in the instance of light, air, and public waters. Publici juris also applies to state-controlled roads and bridges that are accessible to the public.
IV. Illustration
Water comes under the ambit of public juris, hence no private individual may claim it.
V. Case Laws
The Madras High Court has held in K.R. Jadayappa Mudaliar Trading v. K.B. Venkatachalam Trading[2] that the relevant criteria for determining whether or not a mark that was originally a Trade Mark has now become publici juris is whether its use by others is still meant to mislead people.
The Delhi High Court held in Schering Corporation & Ors. v. Alkem Laboratories Ltd.[3] that, even if a maxim is publici juris, it can procure uniqueness for a pharmaceutical material in the sense of certain preparations containing that pharmaceutical component for certain signs, i.e. for the specific commodity, by acquiring a slightly different meaning from registrations and use, and thus cease to be generic/publici juris for that pharmaceutical drug.
References
[1] Publici Juris, Available Here.
[2] (1990) 2 MLJ 423.
[3] (OS)730/2007].
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