In-depth analytical articles on Indian IP law including prosecution,enforcement, statutory interpretation and case developments
Trademark issues in franchise agreements occupy a peculiar and underappreciated intersection of commercial law and intellectual property law in India. A franchise relationship is, at its core, a contractual licence of intellectual property – most prominently, the franchisor’s trademark – in exchange for royalties, adherence to brand standards, and territorial exclusivity. Yet Indian practitioners and
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
National IPR Policy 2016 India: Objectives, Reforms & Impact Read More »
Competition Law and Patent Licensing in India – CCI Jurisdiction, SEPs, FRAND and the Definitive Ericsson Rulings Patents and competition law sit in a relationship of permanent structural tension. A patent is, by design, a legal monopoly that the State grants an inventor the exclusive right to prevent all others from making, using, selling, or
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
AI-Generated Content and Copyright in India – Who Is the Author? Read More »
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
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,
The Safe Distance Rule in Indian Trademark Law – Infringement After an Injunction Read More »
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
Voice Cloning, Deepfakes and Performers’ Rights Under Indian Copyright Law Read More »
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
Copyright in Traditional and Folk Art Forms Under Indian Law Read More »
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
Divisional Patent Application in India: Section 16 Explained Read More »
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
Anti-Suit Injunctions in Indian SEP Litigation: The Xiaomi Doctrine Read More »