Intellectual Property Law

Performer's right and Broadcast reproduction right

Performer’s right and Broadcast reproduction right under The Copyright Act, 1957

Leave a Comment / Copyright Article

Chapter VIII of The Copyright Act, 1957 i.e. rights of broadcasting organisation and of performers in section 37 deals with Broadcast reproduction right and in section 38 with Performer’s right. The Copyright Act, 1957 is principally understood as a statute that protects authors, composers, writers, painters and filmmakers who create original works Yet creative industries […]

Performer’s right and Broadcast reproduction right under The Copyright Act, 1957 Read More »

Copyright Societies in India : The Collective Licensing Framework, IPRS, PPL and the Statutory Architecture of Sections 33 to 36A

Copyright Societies in India : Statutory Architecture of Sections 33 to 36A

Leave a Comment / Copyright Article

The administration of copyright in creative industries has never been a matter that individual rights holders can manage alone. A composer whose work is performed across thousands of radio stations, hotel lobbies, restaurants and streaming platforms simultaneously cannot possibly negotiate individual licences with each user, monitor unauthorised performances or collect royalties from each source. It

Copyright Societies in India : Statutory Architecture of Sections 33 to 36A Read More »

The Concept of Distinctiveness in Indian Trademark Law

Leave a Comment / Trademark Article

Distinctiveness is the soul of a trademark. It is the quality that separates a protectable brand identifier from an ordinary word, symbol or device that belongs to the common stock of language and commerce. Without distinctiveness, a mark cannot perform the essential trademark function the identification of the commercial origin of goods or services and

The Concept of Distinctiveness in Indian Trademark Law Read More »

Trademark Assignment – Requirements and Procedure under the Trade Marks Act, 1999

Leave a Comment / Trademark Article

A trademark, once registered, is a species of personal property. Like other forms of intellectual property, it is capable of being owned, transferred, mortgaged, licensed and dealt with in all the ways that the law permits in respect of movable property. The transfer of ownership of a trademark wholly or partially, with or without the

Trademark Assignment – Requirements and Procedure under the Trade Marks Act, 1999 Read More »

cover trademark licensing and registration

Trademark Licensing and Registered User Agreements under the Trade Marks Act, 1999

Leave a Comment / Trademark Article

A trademark is not merely a badge of origin it is a commercial asset of potentially enormous value, capable of generating revenue far beyond the direct sale of the goods or services to which it is attached. The mechanisms through which that value is extracted and shared between the proprietor of the mark and third

Trademark Licensing and Registered User Agreements under the Trade Marks Act, 1999 Read More »

claim draft patenevo

Claim Drafting for Indian Patents – Types, Scope and Strategy

Leave a Comment / Patent Article

If the specification is the heart of a patent application, the claims are its spine. Every structural decision in the specification how the invention is described, what embodiments are disclosed, which prior art is distinguished ultimately serves the claims, because it is the claims alone that define the legal boundary of the monopoly that the

Claim Drafting for Indian Patents – Types, Scope and Strategy Read More »

specification writing patenevo

Specification Writing in Indian Patent Practice – Complete and Provisional

Leave a Comment / Patent Article

The specification is the heart of a patent application. Every other element of the application the claims, the abstract, the drawings derives its meaning and its legal validity from the specification and the quality of the specification determines, more than any other single factor, both the prospect of grant and the value of the patent

Specification Writing in Indian Patent Practice – Complete and Provisional Read More »

section 3(d) evergreening Patenevo

Section 3(d) and the Evergreening Debate in Indian Pharma Patents

Leave a Comment / Patent Article

Few provisions in the entire canon of global intellectual property law have attracted as much sustained attention, controversy and scholarly debate as Section 3(d) of the Patents Act, 1970. In the two decades since India inserted this provision into its patent statute as part of the 2005 amendment that brought the country into compliance with

Section 3(d) and the Evergreening Debate in Indian Pharma Patents Read More »

Warner Bros. Entertainment Inc. & Ors. v. Mr. Santosh V.G.

Leave a Comment / Copyright case laws

High Court of Delhi at New Delhi | Decided: 13 April 2009CS (OS) No. 1682 of 2006Bench: Hon’ble Mr. Justice S. Ravindra BhatCitation: 2009 SCC OnLine Del 835 | (2009) 40 PTC 694 (Del) Background Warner Bros. Entertainment Inc. and its associated and affiliated companies are among the world’s largest producers and distributors of cinematographic

Warner Bros. Entertainment Inc. & Ors. v. Mr. Santosh V.G. Read More »