Indian IP Framework

Telefonaktiebolaget LM Ericsson (Publ) v. Competition Commission r

Telefonaktiebolaget LM Ericsson (Publ) v. Competition Commission of India & Another

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High Court of Delhi at New Delhi | Decided: 30 March 2016 W.P.(C) No. 464/2014 & W.P.(C) No. 1006/2014 Bench: Hon’ble Mr. Justice Vibhu Bakhru Background Telefonaktiebolaget LM Ericsson (Publ), a company incorporated under the laws of Sweden and one of the world’s largest telecommunications companies, filed two writ petitions challenging orders passed by the […]

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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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Nandhini Deluxe v. Karnataka Co-operative Milk Producers

Koninklijke Philips Electronics N.V. v. Rajesh Bansal & Ors.

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Delhi High Court | Mukta Gupta J. | 12 July 2018 Case Numbers: CS(COMM) 24/2016; CS(COMM) 436/2017 Justice Mukta Gupta BACKGROUND The plaintiff, Koninklijke Philips Electronics N.V., a Netherlands-incorporated multinational corporation, instituted two suits alleging infringement of its Indian Patent No. 184753 relating to DVD video player technology. The patent, dated 13 February 1995, pertains

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

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

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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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