Copyright protection does not extend to every work that a person produces. It extends only to works that are original. This single requirement – originality – is the gateway through which all claims to copyright protection must pass. It is at once the most fundamental concept in copyright law and, in many ways, the most […]
Originality as the Foundation of Copyright Protection in India Read More »
Few questions in Indian trademark law arise more frequently, or are decided with greater consequence, than whether two competing marks are deceptively similar to each other. The resolution of this question governs whether a trademark application will be accepted or rejected by the Registrar, whether an opposition proceeding will succeed or fail, and whether an
Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law Read More »
Court: Supreme Court of India Case No.: Civil Appeal (arising from Trade Mark Application proceedings) Decided on: 8 October 1959 Bench: Justice A.K. Sarkar, Justice J.L. Kapur, Justice S.K. Das Citation: AIR 1960 SC 142; (1960) 62 Bom LR 162; [1960] 1 SCR 968 Background The appellant, Corn Products Refining Co., was a corporation incorporated
Corn Products Refining Co. v. Shangrila Food Products Ltd. Read More »
Court: High Court of Delhi Decided on: 1 July 1996 Presiding Judge: Justice R.C. Lahoti Citation: 1996 (38) DRJ 81 Background The plaintiff, Rupendra Kashyap, proprietor of M/S Som Sudha Prakashan, was appointed exclusive licensee of the Central Board of Secondary Education (CBSE), defendant No. 3, by written agreement dated 2 July 1991. Under this
Rupendra Kashyap v. Jiwan Publishing House & Ors. Read More »
Artificial intelligence and software are transforming every sector of the economy – from drug discovery and autonomous vehicles to financial modeling and legal research. As these technologies generate increasingly sophisticated outputs, the question of whether they can be protected by patents has become one of the most contested and consequential debates in intellectual property law.
Patentability of AI and Software Inventions in India Read More »
M/s UCB Farchim SA v. M/s Cipla Ltd. & Ors., W.P.(C) No. 332 of 2010 (along with connected matters), Delhi High Court, decided on 8 February 2010 Background Writ petitions before the Delhi High Court raised an important procedural question under Indian patent law: whether a writ petition under Article 226 of the Constitution is
High Court of Delhi at New Delhi | Decided: 22 September 2015 CS (OS) No. 3812 of 2014 & I.A. No. 24580 of 2014 Bench: Hon’ble Mr. Justice Manmohan Singh Citation: 2015 SCC OnLine Del 13243 | (2015) 65 PTC 285 (Del) Background Novartis AG, a Swiss multinational pharmaceutical corporation, and its affiliate were the
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
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.