Articles

In-depth analytical articles on Indian IP law including prosecution,enforcement, statutory interpretation and case developments

Patent Valuation and Due Diligence in M&A Transactions

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Mergers and acquisitions have always been exercises in identifying, pricing and managing risk. For much of corporate history, that risk was understood primarily in financial, operational and regulatory terms balance sheet liabilities, workforce integration, antitrust clearance and market concentration. In the contemporary deal landscape and most acutely in India’s rapidly maturing M&A market, this understanding

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Climate Technology Patents and Compulsory Licensing – The Emerging Debate

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The relationship between intellectual property protection and the global response to the climate crisis has emerged as one of the most consequential and contested debates in contemporary international law. At its centre lies a fundamental tension: the patent system, which incentivises innovation by granting inventors temporary exclusivity over their inventions, simultaneously creates barriers to the

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Trademark Coexistence Agreements – strategy and drafting

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Trademark coexistence agreements occupy a sophisticated and commercially consequential space within Indian intellectual property practice      one that sits at the junction of trademark law, contract law and competition law, yet is addressed by no single statute with dedicated clarity. In a trademark register that now carries over two and a half million active marks, with

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Employee Inventions and Ownership of Patents in India

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The question of who owns a patent when the invention is made by an employee is one of the most practically significant and frequently misunderstood issues in Indian intellectual property law. As India’s research and development ecosystem expands spanning pharmaceutical companies, technology firms, government laboratories, academic institutions and the Indian operations of multinational corporations the

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Copyright in E-Learning, MOOCs and Online Education Content in India

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The digital transformation of education represents one of the most significant shifts in the organization of knowledge transmission that human society has undergone since the invention of the printing press. Massive Open Online Courses MOOCs delivered through platforms like Coursera, edX, NPTEL, Swayam and their many competitors, have made it possible for a student in

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Criminal Remedies for Trademark Infringement in India

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Trademark infringement in India is conventionally understood through the lens of civil litigation injunctions, damages, accounts of profits and delivery up of infringing goods. These civil remedies are well-developed, extensively litigated and occupy the centre of trademark enforcement practice. However, the Trade Marks Act, 1999 contains a parallel and considerably less-discussed enforcement architecture that is

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Copyright in Stock Photography and Image-Licensing Platforms in India

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The commercialization of photographic content through stock photography libraries and image licensing platforms represents one of the most mature and commercially sophisticated applications of copyright licensing in the creative economy. What began as physical libraries of transparencies and prints, laboriously cataloged and licensed through analogue processes, has evolved into a global digital industry worth billions

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Copyright Protection for Fashion and Textile Design in India

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Fashion sits at an uncomfortable intersection in intellectual property law. It is simultaneously one of the most creative and culturally significant industries in the global economy and one of the least comprehensively protected by the traditional frameworks of intellectual property. The tension is well known and widely debated: fashion design combines artistic expression with functional

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AI-Assisted vs. Fully AI-Generated Works – Where Indian Copyright Law Draws the Line

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The emergence of generative artificial intelligence as a practical tool for creative production has forced copyright law to confront a question it was never designed to answer: at what point does a work cease to be the product of human creative expression and become the output of a machine? This question matters enormously, for the

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Copyright Protection for Video Game Characters and Fictional Personas in India

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Few questions in intellectual property law generate as much commercial consequence and as little settled doctrine as the protection of fictional characters. A memorable character the hero of a beloved video game franchise, the protagonist of a globally distributed film series, the mascot of a decades-old animated property may be worth billions of dollars in

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