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Fair Dealing under Section 52 of the Copyright Act, 1957 – A Comprehensive Analysis

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Copyright law is, at its core, a bargain. Society grants creators a bundle of exclusive rights over their works for a limited period, in exchange for the enrichment that creative expression brings to public life. But the bargain was never intended to be unconditional. An absolute monopoly over the use of a work would impede […]

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The Chancellor, Masters & Scholars of the University of Oxford v. Narendera Publishing House & Ors.

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Delhi High Court | CS(OS) 1656/2005 | 17 September 2008 | S. Ravindra Bhat, J. Background The plaintiff, the University of Oxford – one of the world’s most recognized academic publishers – had been publishing educational books in India since 1912. In collaboration with the Jammu & Kashmir State Board of School Education and pursuant

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Garware-Wall Ropes Ltd. v. A.I. Chopra & Another

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Bombay High Court | Decided: 19 December 2007 Bench: Justice A.H. Joshi Citation: (2008) 3 MLJ 599 Background Garware-Wall Ropes Ltd., the plaintiff-appellant, was the registered holder of two patents – “GSWR” and “Spiral Lock Systems” bearing Patent Nos. 196240 and 201177 respectively – relating to rope and wire systems used in infrastructure projects. The

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India TV Independent News Service Pvt. Ltd. & Ors. v. Yashraj Films Pvt. Ltd.

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Delhi High Court (Division Bench) | FAO(OS) 583/2011 & 584/2011 | 21 August 2012 | Pradeep Nandrajog & Manmohan Singh, JJ. Background Yashraj Films Pvt. Ltd., the respondent, held copyright in the sound recordings and cinematographic films of several commercially successful Bollywood productions, including Bunty Aur Babli, Nayak, Lagaan, Aks, Main Hoon Na, Salam Namaste,

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Kirloskar Diesel Recon Pvt. Ltd. & Ors. vs. Kirloskar Proprietary Ltd. & Ors.

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Bombay High Court | October 10, 1995 | Appeal from Order Nos. 1152, 1153 & 1154 of 1994 AIR 1996 Bom 149 Background The Kirloskar Group of Companies is one of India’s most storied industrial conglomerates, tracing its origins to 1888 when Laxmanrao Kashinath Kirloskar began a bicycle repair business in Belgaum. By 1920, the

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Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999

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A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize, the application must pass through a rigorous examination process administered by the Trade Marks Registry. That examination is governed by two distinct categories

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Digital Copyright in the Internet Age: Online Infringement, Intermediary Liability and Safe Harbours

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The internet has fundamentally altered the economics and architecture of creative expression. Content that once required physical manufacture, distribution and retail can now be reproduced, transmitted and accessed globally within seconds, at virtually no cost. This transformation has been a gift to creators and audiences alike – but it has also made large scale copyright

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Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999

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A trademark is among the most commercially significant assets a business can possess. It is the sign by which consumers identify the source of goods or services, the vessel that carries a brand’s reputation and the legal instrument through which that reputation is defended. In India, the law governing the registration and protection of trademarks

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Patent Licensing and Technology Transfer in India

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Patent licensing and technology transfer are among the most commercially significant yet legally complex dimensions of intellectual property practice in India. As the country accelerates its transformation into a global innovation hub – with rising domestic patent filings, expanding pharmaceutical and technology sectors and deepening integration into international R&D supply chains – the ability to

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