Articles

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

Domain Names as Trademarks – Cybersquatting and UDRP in India patenevo

Domain Names as Trademarks – Cybersquatting and UDRP in India

Leave a Comment / Trademark Article

The emergence of the internet as the dominant medium of global commerce has generated a body of legal problems that the architects of modern intellectual property law could not have anticipated. Among the most significant and most commercially damaging of these problems is the phenomenon of cybersquatting the opportunistic registration of internet domain names that […]

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Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits

Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits

Leave a Comment / Patent Article

The enforcement of a patent right is only as meaningful as the remedies available when that right is infringed. A patent that cannot be effectively enforced whose violation attracts only nominal consequences or whose vindication requires years of inconclusive litigation provides little real protection to the inventor and little genuine deterrence to would-be infringers. Conversely,

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Copyright in Photographs and Artistic Works

Copyright in Photographs and Artistic Works in India

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Visual creativity occupies a distinctive place in the copyright landscape. A photograph taken in a fraction of a second, a painting developed over months, a sculpture carved from stone, an architectural elevation drafted with precision each of these represents an act of creative expression that the law recognises and protects, yet each raises questions about

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Trademark-Dilution-in-India

Trademark Dilution in India – Blurring and Tarnishment

Leave a Comment / Trademark Article

Trademark law, in its traditional formulation, is concerned primarily with consumer confusion the risk that the use of a similar mark will mislead consumers about the commercial origin of goods or services. The likelihood of confusion standard, which pervades the examination of relative grounds under Section 11, the infringement enquiry under Section 29 and the

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Defences-to-patent-infringement-section-107-and-beyond

Defences to Patent Infringement – Section 107 and Beyond

Leave a Comment / Patent Article

Patent infringement litigation in India, as in every major patent jurisdiction, is rarely a simple contest between an unimpeachable patent and an undeniable act of infringement. The defendant in a patent infringement suit has available to it a range of defences    statutory, equitable and procedural that can defeat or substantially limit the plaintiff’s claim even

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Patenet infringement section 48

Patent Infringement in India: What Constitutes Infringement under Section 48 of the Patents Act, 1970

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A patent, at its core, is a bargain between the inventor and the state. The inventor discloses the invention to the public in full; the state, in return, grants a limited monopoly for twenty years. The value of that monopoly depends entirely on how effectively it can be enforced. An unenforceable patent right is no

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Publishing Agreements and Copyright in India

Publishing Agreements and Copyright in India

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The relationship between an author and a publisher is among the oldest and most commercially consequential in the creative economy. It is a relationship built on a fundamental asymmetry: the author possesses the creative work and the copyright that protects it, while the publisher possesses the infrastructure, expertise, distribution networks and capital required to bring

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Copyright Issues in Social Media

Copyright Issues in Social Media and User-Generated Content

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Social media has fundamentally transformed the relationship between copyright law and everyday human behaviour. Before the internet, the act of reproducing, distributing or communicating a copyrighted work to the public was largely confined to publishers, broadcasters and commercial enterprises with the infrastructure to do so at scale. Copyright infringement was, for the most part, a

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copyright duration - rules for different categories

Copyright Duration – Rules for Different Categories of Works under Indian Law

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Every grant of exclusive rights must, in a society that values both the reward of creative effort and the freedom of public access to culture and knowledge, have a defined limit. Copyright is no exception. The rights that the Copyright Act, 1957 confers upon authors, producers, performers and broadcasters are not permanent. They subsist for

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Copyright in Databases

Copyright in Databases and Compilations under Indian Law

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The question of whether a collection of information facts, data, references, records or  other pre-existing material assembled into an organised whole deserves intellectual property protection is among the most contested and practically consequential in copyright law. At its core, it forces a direct confrontation with the foundational tension between two equally legitimate values: the interest

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