Indian IP Framework

Wockhardt Limited v. Torrent Pharmaceuticals Limited

Supreme Court of India | Decided: 12 September 2018 Civil Appeal No. (arising from Division Bench judgment of the Bombay High Court) Bench: Hon’ble Mr. Justice R.F. Nariman & Hon’ble Ms. Justice Indu Malhotra Citation: 2018 SCC OnLine SC 1846 Background Torrent Pharmaceuticals Limited, the plaintiff and respondent before the Supreme Court, is the registered

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Copyright in Computer Programs under Indian Law

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

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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Copyright in Music – Composers, Lyricists and Performers

Music is among the oldest and most universal forms of human expression and it is also among the most legally complex categories of creative work that copyright law is called upon to protect. A single commercially released song involves, in the ordinary case, at least three distinct creative contributions – the musical composition created by

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Trademark Infringement under Section 29 – A Complete Analysis

Trademark law exists to protect two distinct but related interests simultaneously. It protects the proprietor of a registered mark against the unauthorized use of that mark by others who would free-ride on the reputation and goodwill that the proprietor has built. And it protects consumers against confusion – against the risk that they will be

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