In-depth analytical articles on Indian IP law including prosecution,enforcement, statutory interpretation and case developments
The journey of a trademark application from the moment it is filed to the point at which it is accepted for advertisement is one of the most consequential phases in the entire registration process. It is during this period that the Trade Marks Registry scrutinizes the application against the requirements of the Trade Marks Act, […]
Trademark Examination in India – From Filing to Acceptance Read More »
The journey of a patent application in India does not end with filing. In many respects, it begins in earnest only when the Indian Patent Office issues what is formally known as the First Examination Report – the FER. For applicants who are new to the Indian patent system, the FER can appear daunting: a
Understanding the First Examination Report (FER) and How to Respond Read More »
Copyright law operates on two distinct but interconnected axes. The first is economic – the bundle of exclusive rights that allows a creator to control the reproduction, distribution, performance and communication of their work and to extract financial value from it. The second is personal – the connection between a creator and their work that
Moral Rights and Author’s Special Rights under Section 57 of the Copyright Act, 1957 Read More »
The grant of a patent is not an automatic entitlement that follows from novelty or inventive step alone. Before any invention can be examined on those standard criteria, it must first clear a foundational threshold: it must constitute a patentable subject matter under Indian law. The Patents Act, 1970 draws this threshold with deliberate precision
Non-Patentable Subject Matter in India: A Complete Guide to Section 3 Read More »
The examination of a trademark application in India operates at two distinct levels. The first level, governed by Section 9 of the Trade Marks Act, 1999, concerns the inherent qualities of the mark itself – whether it is distinctive, whether it is descriptive, whether it offends public policy. These are the absolute grounds and they
Relative Grounds for Refusal under Section 11 of the Trade Marks Act, 1999 Read More »
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
Fair Dealing under Section 52 of the Copyright Act, 1957 – A Comprehensive Analysis Read More »
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
Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999 Read More »
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
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
Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999 Read More »
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
Patent Licensing and Technology Transfer in India Read More »
