In-depth analytical articles on Indian IP law including prosecution,enforcement, statutory interpretation and case developments
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 […]
Novelty as a Criterion for Patentability in India Read More »
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
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
Copyright law grants its beneficiaries a bundle of exclusive rights. The value of those rights depends entirely on the law’s willingness and capacity to enforce them. A copyright that cannot be enforced against infringers is an entitlement without practical substance it defines what the rights holder is entitled to do with their work but provides
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
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
In the architecture of trademark law, not all marks occupy the same position. Most marks perform a single function – they identify the source of goods or services and distinguish one trader’s products from another’s. Well-known trademarks do something more. Through sustained use, investment and public recognition, they transcend their original commercial context and become
In contemporary commerce, a trademark is not confined to its defensive function of preventing misuse. It is an active commercial asset – bought, sold, licensed, pledged, securitized, franchised and monetized across jurisdictions. The true commercial maturity of trademark law lies not merely in its enforcement provisions but in its recognition that goodwill is transferable property.
In the contemporary marketplace, a trademark is no longer a mere badge of origin; it is a repository of goodwill, consumer trust, commercial reputation and competitive identity. As markets globalize and digital platforms compress geographic boundaries, the function of a trademark has evolved from a simple identifier to a strategic business asset. Yet, the true
Passing Off and Infringement under the Trade Marks Act, 1999 Read More »
Patent infringement litigation in India is no longer rare or exceptional. Over the last decade, particularly in pharmaceuticals, telecommunications, mechanical engineering and emerging technology sectors, Indian courts have increasingly engaged with complex patent disputes. The Patents Act, 1970 provides the statutory foundation, but the real texture of infringement law emerges in how courts interpret claims,
Patent Infringement in India: Law, Remedies and Litigation Practice Read More »