Articles

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

National IPR Policy 2016 India: Objectives, Reforms & Impact

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India’s adoption of a comprehensive National Intellectual Property Rights Policy on 12 May 2016 marked an inflection point in the country’s engagement with the knowledge economy. For the first time, the government brought all forms of intellectual property – patents, trademarks, copyrights, geographical indications, industrial designs, semiconductor integrated circuit layout designs, trade secrets and plant […]

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AI-Generated Content and Copyright in India – Who Is the Author?

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A poem written by ChatGPT. A painting produced by Midjourney from a two-line prompt. A news article drafted by a large language model trained on millions of copyrighted sources. A film score composed entirely by an algorithmic system without a human composer touching an instrument. These are not hypothetical scenarios from a speculative future; they

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Right of Publicity in India – Celebrities, Sports Personalities and the Emerging Challenge of Artificial Intelligence

Leave a Comment / Trademark Article

The right of publicity is the legal right of an individual to control the commercial use of their identity their name, image, likeness, voice, signature and other recognizable attributes of their persona. It is a right that sits at the intersection of intellectual property law, personality rights and the law of torts and its significance

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The Safe Distance Rule in Indian Trademark Law – Infringement After an Injunction

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When a court of competent jurisdiction grants an injunction restraining a defendant from using a particular trademark, the natural expectation is that compliance is straightforward the defendant ceases the infringing use and the dispute, at least at the interlocutory stage, is resolved. In practice, however, defendants frequently do not simply stop. They modify the mark,

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Voice Cloning, Deepfakes and Performers’ Rights Under Indian Copyright Law

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Technology has always unsettled the creative economy and the law has always chased to catch up. But no technological development in the history of the entertainment industry has created as direct, as immediate and as commercially devastating a threat to individual performers as generative artificial intelligence voice cloning and deepfake video synthesis. These technologies do

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Copyright in Traditional and Folk Art Forms Under Indian Law

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India carries within its borders one of the most extraordinary concentrations of living folk and traditional artistic heritage on earth. Madhubani painting from Bihar, Warli art from Maharashtra’s tribal communities, Pattachitra scroll painting from Odisha, Baul music from the rural riverbanks of Bengal and Bangladesh, Gond art from Madhya Pradesh, Bharatanatyam and Kuchipuri and Odissi

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Divisional Patent Application in India: Section 16 Explained

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Divisional Patent Application in India Section 16, Unity of Invention and the Post- Boehringer and Syngenta Legal Landscape Among the more technically demanding areas of Indian patent prosecution, divisional applications occupy a position of outsized practical importance. The ability to divide a patent application to carve out one or more inventions embedded in a parent

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Anti-Suit Injunctions in Indian SEP Litigation: The Xiaomi Doctrine

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Anti-Suit and Anti-Anti-Suit Injunctions in Indian SEP Litigation – CrossBorder FRAND Disputes and the Delhi High Court’s New Jurisprudence Standard essential patent litigation has always been an inherently global affair. A single smartphone implementing 4G or 5G cellular standards may infringe hundreds of patents held across dozens of jurisdictions and the manufacturer’s negotiations with a

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Biosimilar Patents in India – Patentability, Exclusivity and the Patent-Regulatory Interface

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Biologics occupy a peculiar and increasingly central place in modern medicine   large, complex molecules manufactured through living cell systems rather than chemical synthesis, used to treat cancer, autoimmune disease and a growing list of conditions for which no small-molecule alternative exists. As the patents covering the first generation of blockbuster biologics   Herceptin, Avastin, Rituxan, Humira

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