Articles

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

The Role of the Trade Marks Registry – Structure, Functions and Jurisdiction

Leave a Comment / Trademark Article

Every trademark right in India passes through a single institutional gateway: the Trade Marks Registry. It is the administrative body that receives applications, conducts examination, publishes marks for opposition, grants registration, maintains the official register, and adjudicates a wide range of inter partes proceedings. Without the Registry, the statutory scheme of trademark protection under the […]

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Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law

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Few questions in Indian trademark law arise more frequently, or are decided with greater consequence, than whether two competing marks are deceptively similar to each other. The resolution of this question governs whether a trademark application will be accepted or rejected by the Registrar, whether an opposition proceeding will succeed or fail, and whether an

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Patentability of AI and Software Inventions in India

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Artificial intelligence and software are transforming every sector of the economy – from drug discovery and autonomous vehicles to financial modeling and legal research. As these technologies generate increasingly sophisticated outputs, the question of whether they can be protected by patents has become one of the most contested and consequential debates in intellectual property law.

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Novelty as a Criterion for Patentability in India

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Novelty is the first and most fundamental criterion for patentability under Indian patent law. Before any question of inventive step, industrial applicability or statutory exclusion arises, the threshold question is always the same – is the invention new? If it is not, the inquiry ends there. No amount of technical sophistication, commercial significance or inventive

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Pre-Grant and Post-Grant Opposition in India

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Pre-grant and post-grant opposition proceedings under the Patents Act, 1970 constitute one of the most distinctive features of the Indian patent system. Unlike several jurisdictions that rely predominantly on post-grant administrative review or judicial revocation, India has preserved a dual opposition framework that enables scrutiny both before and after grant. This structure reflects a deliberate

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Compulsory Licensing under The Patents Act

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Compulsory licensing under The Patents Act, 1970 represents one of the most carefully calibrated intersections between private intellectual property rights and the constitutional commitment to public welfare. The Act makes it clear that patents are not granted as absolute monopolies insulated from social accountability. Instead, they are conditional statutory privileges, conferred subject to compliance with

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Copyright Assignment and Licensing in India: Structuring Creative Ownership with Legal Precision

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Copyright law is not just a technical subject of law it is a law that protects creativity and imagination. In India, the Copyright Act, 1957 along with the Copyright Rules, 2013 provides a proper legal system to protect the rights of authors. Over the years through various  amendments like of 1994 and 2012, the Act

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Author’s Rights in the Digital Age: A Comprehensive Analysis under the Copyright Act, 1957

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Copyright law is not merely a technical branch of statutory interpretation; it is the architecture that protects imagination. In India, the Copyright Act, 1957, together with the Copyright Rules, 2013, represents a carefully constructed legal framework designed to recognize, secure and enforce the rights of authors. Over decades of legislative amendments-particularly in 1994 and 2012-the

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