Indian IP Framework

Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.

Leave a Comment / Landmark Judgements on Trademarks

Supreme Court of India | Decided: 26 July 2018 Civil Appeal Nos. 2937–2942 & 2943–2944 of 2018 Bench: Hon’ble Mr. Justice A.K. Sikri & Hon’ble Mr. Justice Ashok Bhushan Citation: AIR 2018 SC 3516 | (2018) 9 SCC 183 Background Karnataka Co-operative Milk Producers Federation Limited, the respondent, is a cooperative federation of milk producers

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Standipack Private Limited & Another v. M/s Oswal Trading Co. Ltd. & Ors.

Leave a Comment / Landmark Judgements on Patents

Delhi High Court | Dr. M.K. Sharma J. | 26 May 1999 Case Number: Suit No. 2391/1998 | Citation: AIR 2000 Delhi 23 | 80 (1999) DLT 56 | 1999 IV AD (Delhi) 613 BACKGROUND The plaintiff, Standipack Private Limited, claimed to be the patentee of a pouch designed for storage and dispensing of liquids

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

Leave a Comment / Copyright Article

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 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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Copyright and Artificial Intelligence – Who Owns AI-Generated Works?

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Few questions in contemporary intellectual property law have generated as much urgency, as much disagreement and as much genuine legal uncertainty as the question of who if anyone owns the copyright in a work generated by artificial intelligence. The question is not merely academic. Generative AI systems now produce novels, compose music, paint images, write

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Deceptive Similarity The Legal Test Under Indian Trademark Law

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No concept in Indian trademark law is more frequently litigated, more extensively analyzed in judicial decisions or more consequential in its practical application than deceptive similarity. It is the standard by which the Trade Marks Registry determines whether a pending application conflicts with an earlier registration, the criterion by which courts assess whether an allegedly

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Trade Dress and Product Shape as Trademark in India

Leave a Comment / Trademark Article

Among the most commercially significant and doctrinally complex questions in contemporary Indian trademark law is the extent to which the visual and physical appearance of a product or its packaging its trade dress can be protected as a trademark. In a marketplace saturated with competing products, the overall commercial appearance of goods has become one

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Colgate Palmolive Company & Anr. vs. Anchor Health and Beauty Care Pvt. Ltd.

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Delhi High Court | J.D. Kapoor J. | 29 October 2003 108 (2003) DLT 51 | 2003(27)PTC478(Del) Background Colgate Palmolive Company (Plaintiff No. 1), a US-incorporated multinational and its Indian subsidiary/licensee Colgate Palmolive (India) Ltd. (Plaintiff No. 2) had been manufacturing and selling tooth powder in India since 1951 in distinctively shaped cans bearing a

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