Articles

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

Performer's right and Broadcast reproduction right

Performer’s right and Broadcast reproduction right under The Copyright Act, 1957

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Chapter VIII of The Copyright Act, 1957 i.e. rights of broadcasting organisation and of performers in section 37 deals with Broadcast reproduction right and in section 38 with Performer’s right. The Copyright Act, 1957 is principally understood as a statute that protects authors, composers, writers, painters and filmmakers who create original works Yet creative industries […]

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Copyright Societies in India : The Collective Licensing Framework, IPRS, PPL and the Statutory Architecture of Sections 33 to 36A

Copyright Societies in India : Statutory Architecture of Sections 33 to 36A

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The administration of copyright in creative industries has never been a matter that individual rights holders can manage alone. A composer whose work is performed across thousands of radio stations, hotel lobbies, restaurants and streaming platforms simultaneously cannot possibly negotiate individual licences with each user, monitor unauthorised performances or collect royalties from each source. It

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The Concept of Distinctiveness in Indian Trademark Law

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Distinctiveness is the soul of a trademark. It is the quality that separates a protectable brand identifier from an ordinary word, symbol or device that belongs to the common stock of language and commerce. Without distinctiveness, a mark cannot perform the essential trademark function the identification of the commercial origin of goods or services and

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Trademark Assignment – Requirements and Procedure under the Trade Marks Act, 1999

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A trademark, once registered, is a species of personal property. Like other forms of intellectual property, it is capable of being owned, transferred, mortgaged, licensed and dealt with in all the ways that the law permits in respect of movable property. The transfer of ownership of a trademark wholly or partially, with or without the

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Trademark Licensing and Registered User Agreements under the Trade Marks Act, 1999

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A trademark is not merely a badge of origin it is a commercial asset of potentially enormous value, capable of generating revenue far beyond the direct sale of the goods or services to which it is attached. The mechanisms through which that value is extracted and shared between the proprietor of the mark and third

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Claim Drafting for Indian Patents – Types, Scope and Strategy

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If the specification is the heart of a patent application, the claims are its spine. Every structural decision in the specification how the invention is described, what embodiments are disclosed, which prior art is distinguished ultimately serves the claims, because it is the claims alone that define the legal boundary of the monopoly that the

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Specification Writing in Indian Patent Practice – Complete and Provisional

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The specification is the heart of a patent application. Every other element of the application the claims, the abstract, the drawings derives its meaning and its legal validity from the specification and the quality of the specification determines, more than any other single factor, both the prospect of grant and the value of the patent

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Section 3(d) and the Evergreening Debate in Indian Pharma Patents

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Few provisions in the entire canon of global intellectual property law have attracted as much sustained attention, controversy and scholarly debate as Section 3(d) of the Patents Act, 1970. In the two decades since India inserted this provision into its patent statute as part of the 2005 amendment that brought the country into compliance with

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Copyright in Computer Programs under Indian Law

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The protection of computer programs under intellectual property law is one of the most consequential and contested questions in the history of modern legal systems. Software drives virtually every sector of the contemporary economy – from financial systems and medical devices to communications infrastructure and consumer entertainment. The legal framework that governs who owns software,

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Passing Off in India – Elements, Evidence and Remedies

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The law of passing off occupies a foundational position in the Indian intellectual property landscape. It is the common law action through which traders protect the goodwill and reputation they have built in their unregistered marks, trade names, get-up and other indicia of commercial identity against misappropriation by competitors who seek to exploit that reputation

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