Intellectual Property Law

Zee Telefilms Ltd. & Film and Shot v. Sundial Communications Pvt. Ltd.

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Bombay High Court | A.P. Shah & D.K. Deshmukh JJ. | 27 March 2003 2003(27)PTC457(Bom) Background Sundial Communications Pvt. Ltd. (Plaintiff No. 1)- a television production company, conceptualized a show titled Kanhaiyya (later renamed Krish Kanhaiyya) in early 2002. The concept centered on Bal Krishna appearing in child form in a dysfunctional rich family, helping […]

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The Role of the Trade Marks Registry – Structure, Functions and Jurisdiction

Leave a Comment / Trademark Article

Every trademark right in India passes through a single institutional gateway: the Trade Marks Registry. It is the administrative body that receives applications, conducts examination, publishes marks for opposition, grants registration, maintains the official register, and adjudicates a wide range of inter partes proceedings. Without the Registry, the statutory scheme of trademark protection under the

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Originality as the Foundation of Copyright Protection in India

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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

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Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law

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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

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Corn Products Refining Co. v. Shangrila Food Products Ltd.

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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

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Rupendra Kashyap v. Jiwan Publishing House & Ors.

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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

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M/s UCB Farchim SA v. M/s Cipla Ltd. & Ors

Leave a Comment / Case Laws, patent case laws

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

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Novartis AG & Anr. v. Cipla Ltd.

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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

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Copyright Assignment and Licensing in India: Structuring Creative Ownership with Legal Precision

Leave a Comment / Copyright Article

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

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The Concept of Well-Known Trademarks in India: Reputation beyond Goods and Geography under the Trade Marks Act, 1999

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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

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