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Keeping up with IP

India’s IP regime is going through a tumultuous period with the abolition of the IP appellate board earlier this year, the emergence of new technologies, and challenges associated with covid-19 vaccines. We brought together...
Data protection Lagna-Panda-is-a-managing-associate-at-Chandhiok-&-Mahajan

Non-fungible tokens: The new kid on the block

By Lagna Panda, Chandhiok & Mahajan
In March 2021, Beeple, an American digital artist auctioned a non-fungible token (NFT) of an artwork he had created for an eye-popping USD69 million. The same month, Jack Dorsey, the CEO of Twitter, sold...
Eros-Digital-GC-NFTs-creators-right-to-resale-2

NFTs: would Vincent have approved?

GC Bishwarup Chakrabarti says that NFTs have seen their popularity soar of late, which could reignite a centuries-old debate that artists should profit from the resale of their works For corporate lawyers there’s nothing like...
Shahid-Khan-Kochhar-&-Co.

Copyrighted software not taxable royalty on resale

By Shahid Khan, Kochhar & Co.
The taxability of payments by importers for software imports from non-resident suppliers is a vexed question on which courts had earlier given conflicted rulings. The question has now been settled by the Supreme Court...
Manisha-Singh-is-a-partner-and-Simran-Bhullar-is-an-associate-at-LexOrbis

KAL Radio out of tune on copyright

By Manisha Singh and Simran Bhullar, LexOrbis.
The relatively new provisions of the statutory licensing of copyrights have often caused confusion with respect to their interpretation. The courts have repeatedly faced the dilemma of whether to interpret those provisions narrowly or...
Corporate and commercial e-interests yield to consumers, Manoj Kumar, Hammurabi & Solomon Partners

Corporate and commercial e-interests yield to consumers

By Manoj Kumar, Hammurabi & Solomon Partners
A new draft of the e-commerce rules was published in June 2021 and feedback is invited. The rules apply to all goods and services purchased or sold over electronic networks, including non-tangible products and...
Uniformity-needed-for-IP-disputes,-Manisha-Singh-and-Varun-Sharma,-LexOrbis

Uniformity needed for IP disputes

By Manisha Singh and Varun Sharma, LexOrbis
The establishment of an IP division at Delhi High Court should be followed by the creation of similar benches at other high courts, write Manisha Singh and Varun Sharma  Recently, Delhi High Court created an...
The-rebuild: IP matters

The rebuild

The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam,...
Alpha Partners inducts food, retail head

Alpha inducts food, retail head

Vikram Raj has joined Alpha Partners as a partner in Bengaluru, and will head its food and retail (regulatory and litigation) practice. Raj joins from Farm to Fork Solutions, where he was head of...
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Indian Law Firm Awards 2021

Vandana Chatlani reports India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on technology to stay connected. Investments in...
Copyright registration not mandatory for enforcement of rights, Aprajita Nigam and Smrita Sinha, LexOrbis

Copyright registration not mandatory for enforcement of rights

By Aprajita Nigam and Smrita Sinha, LexOrbis
Copyright is unique in that it comes into existence as soon the work is created. It is enshrined in the automatic protection principle in the Berne Convention and, as a member of the convention,...
Abolishing IPAB: An own goal?

Abolishing IPAB: An own goal?

By Pravin Anand, Anand and Anand
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand See also: IP practitioners warn of dire consequences as IPAB gets the...
IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop

Axed!

IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop. Gautam Kagalwala reports See also: Closing IPAB goes against plan to improve ease of doing business After nearly 20 years marked as much...
Using injunctions to prevent IP infringement, Manisha Singh and Simran Bhullar, LexOrbis

Using injunctions to prevent IP infringement

By Manisha Singh and Simran Bhullar, LexOrbis
Brand owners can benefit from preventive relief against acts of infringement or passing off by others. The courts can grant various types of injunctions, prohibitory, permanent, or temporary, to prevent further damage to the...
Outsourcers are protected against IP infringement, Manisha Singh and Simran Bhullar, LexOrbis

Outsourcers are protected against IP infringement

By Manisha Singh and Simran Bhullar, LexOrbis
Many companies outsource manufacturing processes to third party entities or vendors. Such vendors are bound by the terms of agreements that define key aspects of the services they provide, including the use of the...
Vineetha MG (left) is a partner and Pratik Patnaik is a senior associate at Samvad Partners

How proposed data reform will affect venture capital

By Vineetha MG and Pratik Patnaik, Samvad Partners
The committee studying non-personal data and data governance frameworks has issued a draft report for consultation. The report particularly affects digital businesses including fintech and payment service providers, as it proposes a new regime...
dynamic injunctions

Moving targets

With IP infringers shifting pirated content to mirror websites following takedown orders, Delhi High Court has started allowing dynamic injunctions to block new means of broadcasting the material. Rebecca Abraham reports Delhi High Court has...
Manisha-Singh,-Simran-Bhullar,-LexOrbis Domain registrars Trademark

Domain registrars and banks held accountable

By Manisha Singh and Simran Bhullar, LexOrbis
The internet gives criminals many opportunities to defraud unsuspecting users. It is well known that one must not believe everything that is on the web. The imaginative ways that copyright infringers use to defraud...
Disney-win-injunction-websites-Saikrishna-&-Associates

Disney wins injunctions against 37 ‘rogue’ websites

Saikrishna & Associates represented Disney Enterprises when Delhi High Court granted the entertainment giant interim injunctions against 37 websites that Disney said were enabling the downstreaming of their films and other programmes without licences. The...
Copyright

No copyright protection implied for film sequels

By Manisha Singh and Gautam Kumar, LexOrbis
India is acclaimed for its film industry and produces the largest number of movies in the world per year. Apart from Hindi cinema, there are many other regional film industries renowned for their glitz,...
Software

Fighting piracy: A usual day at work for software giants

By Manisha Singh and Simran Bhullar, LexOrbis
Software products now serve a global audience across many industries. Organizations have been shifting from paper to digital. This increased dependency and demand has had favourable and unfavourable consequences for software developers. Purchase of...
intellectual property

Creative synergy

Intellectual property and R&D teams need to work closer in order to better monetize IP for companies, writes Mythri Kota High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in...
non-compete

Keeping competitors at bay

Parties must take care not to have unreasonable or one-sided non-compete clauses in agreements, as these can be rendered ineffective by the courts, writes Kunal Mehta It is well-settled law that a non-compete obligation in...
India

Indian Law Firm Awards 2020

The 2021 Indian Law Firm Awards is out. Click here to see "Indian Law Firm Awards 2021" And the winners are ... Rebecca Abraham reports Companies and law firms across India have been grappling with a...
brands

Brands adopt stronger enforcement strategies

By Manisha Singh and Keya Joshi, LexOrbis
Over the past few years, with the rise in counterfeiting and trademark infringement cases, the need for and the awareness of enforcement of intellectual property rights (IPR) has also increased. Since the target consumer...
India Business Law Journal

Problem solving

The way ahead is never straightforward As experience in the past few decades along with recent events have shown, propelling the Indian economy forward requires wisdom, out-of-the-box thinking in large doses, and a good helping...
music

Out of harmony

Clarity from the Intellectual Property Appellate Board is required to lessen tensions between music labels and broadcasters, writes Sachin Kalra The relationship between radio broadcasters and music labels has always been contentious, due to rights...
infringement

Recourse measures for apprehension of infringement

By DPS Parmar, LexOrbis
Threats of infringement weigh heavily on patentees who therefore closely monitor active and passive unauthorized uses of their patented inventions. This is not as easy as it may seem. What constitutes an imminent danger...
deals

Deals of the Year 2019

India Business Law Journal reveals the most significant deals and disputes of 2019 and the law firms that worked tirelessly to bring them to fruition The best transactions for the past year in India came...
partnership

LexOrbis promotes 2 to partnership

LexOrbis has promoted associate partners Joginder Singh and Omesh Puri to the position of partners in its Delhi office. Singh and Puri have headed the patent engineering, and trademarks, copyright and design practices, respectively, for...
copyright

Are copyright infringement offences cognizable or not?

By Akanksha Kar, LexOrbis
In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR) registered against him under sections 63 and 65 of the...
news

News in brief

ELP partners leave firm Seetharaman & Associates has changed its name to Sarvada Legal after bringing on board former Economic Laws Practice (ELP) partners MP Devnath and Vivek Sharma and associate partner Abhishek Anand along...

Under attack

A US report offers a stinging rebuke to India’s behaviour on matters of intellectual property. But how justified are its criticisms? Corporate counsel Harish Suryavanshi gives his view On the eve of World Intellectual Property...
law firms

Leaders of the pack

India Business Law Journal reveals the top international law firms for India-related matters. Vandana Chatlani reports. Five years ago, when Prime Minister Narendra Modi first came to power he was described by former CNN New...
demolition

Architects cannot object to demolition of buildings

In a recent judgment in Raj Rewal v Union of India & Ors, Delhi High Court considered whether an architect of an artistic work could restrain or seek compensation from the owner of the...
Asia legal news In brief

News In Brief

HSA gets banking partner in Delhi HSA Advocates has hired Amit Charan as a partner in its New Delhi office. Charan joins from SNG & Partners where he was a principal associate. Charan focuses on...
Intellectual property protection

Protecting IP assets key to success of startups

By Ritika Agarwal, LexOrbis
Recent efforts by the government, investors and innovators have helped facilitate the growth of budding businesses in India. While the initial plans for any business involve indispensable demands and priorities, protection of intellectual property...
Anti-counterfeiting-measures-in-draft-e-commerce-policy-risk-slowing-down-online-trade-in-India

Weak links

As regulation races to keep up with the digital evolution, the rapid pace of change can create its own weaknesses in the chain of protection and enforcement. Gautam Kagalwala reports on how India's draft...
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Focus on the Spotify case

MANOJ K SINGH and SAMRIDH AHUJA explore compulsory licensing in India’s copyright regime The eagerly awaited music streaming app, Spotify, launched in India on 28 February 2019 mired in multiple controversies as music labels Warner Music Group...
Essenese Obhan 是 Obhan & Associates律师事务所的创始合伙人,Taarika Pillai是Obhan & Associates律师事务所的高级律师 印度视野:在线维护品牌

Safeguarding brands online

ESSENESE OBHAN and TAARIKA PILLAI analyze online counterfeiting, intermediary liability rules The spread of user-generated content and e-commerce platforms, combined with competition for website traffic demands new strategies to monitor the online use of trademarks...
DPS-Parmar-LexOrbis

Calculating punitive damages in infringement

By DPS Parmar, LexOrbis
Although there have been several intellectual property (IP) infringement cases in India, most of the time the litigants either settle the dispute out of court or are satisfied with a permanent injunction. Injunctions including...
Top law firms in India

Indian Law Firm Awards, 2019

The 2020 Indian Law Firm Awards is out. Click here to see our full coverage  India Business Law Journal presents the top law firms in India 2018-2019. Rebecca Abraham reports The challenges and opportunities of the past...
Legal-frontier-India

Legal frontiers

Leading law firms shed light on the cutting-edge practice areas that are receiving the attention of India’s top legal minds Internet platform liability Bankruptcy & insolvency Data privacy Taxation  INTERNET PLATFORM LIABILITY  Intermediary liability in India – moving goalposts The internet...
Vikram-Jeet-Singh-Prashant-Mara

Intermediary liability in India – moving goalposts

By Vikram Jeet Singh and Prashant Mara, BTG Legal
 INTERNET PLATFORM LIABILITY  The internet has revolutionized the way we interact; however, it has also brought with it a host of problems such as hate speech, terrorist recruitment, fake news, illegal lobbying, and personal data...
Deals of the year 2018 | India Business Law Journal

Deals of the Year 2018

India Business Law Journal reveals the most important deals and disputes of 2018 and the law firms behind them. Gautam Kagalwala reports Last year mingled pleasure with pain for debt-strapped India, and many of the...

Customer database does not qualify as a trade secret

Delhi High Court recently examined whether a list of customers/clients together with information about their contact persons/numbers maintained by a service provider has copyright. In Navigator Logistics Ltd v Kashif Qureshi & Ors, the plaintiff,...

Evolving principles for award of punitive damages

By Aprajita Nigam and Dheeraj Kapoor, LexOrbis
The principles involved in award of damages in intellectual property (IP) litigation in India have seen much evolution in the recent past. The landscape of the award of punitive damages was aggressively set in...
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No prizes for second place

Elite national law universities have captured the corporate law world. Do lawyers from the lower-rung schools stand a chance? Rebecca Abraham takes a look at the challenges for aspiring lawyers The Common Law Admission Test...

Copyright infringement offences: Cognizable or not?

By Aprajita Nigam and Mahima Madan, LexOrbis
Cognizability is one of the various kinds of classifications pertaining to offences. A cognizable offence is one for which a police officer may arrest without warrant. The cognizability of the offence of copyright infringement...

Courts take the high road to punish IP infringers

By DPS Parmar, LexOrbis
Enforcement of intellectual property (IP) law remains the most debated subject in the matter of infringement of intellectual property rights (IPR). Such concern covers all subjects in the fields of patents, designs, trademarks and...
Concepts-cannot-receive-copyright-protection-india

Concepts cannot receive copyright protection

Delhi High Court recently reiterated the long-established principle that a concept is not entitled to copyright protection. The definition of “a work” under section 2(y) of the Copyright Act, 1957, and the list of...

Artistic works: Resolving design-copyright overlap

By Omesh Puri, LexOrbis
One of most controversial provisions of the Copyright Act, 1957, states that copyright in any design that could be registered under the Designs Act, 2000, but has not been so registered will cease when...

Open market for fake goods

A reluctance by the police to enforce criminal laws against counterfeiters is fuelling their illicit trade. Harsh Aggarwal and Roma Arora report Counterfeiting is one of the biggest challenges facing brand owners, as it threatens their...

TV outlets and distributors face new regulatory regime

By Jaya Singhania, Cyril Amarchand Mangaldas
A 3 July press release from the Telecom Regulatory Authority of India (TRAI) has brought into effect the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and the Telecommunication (Broadcasting and Cable)...

High fliers

Lawyers from around the world have had a busy year in India working on deals while adhering to the country’s ‘fly-in fly-out’ model. India Business Law Journal reveals the top international firms that are...
trade-secrets-india-law

Safeguarding secrets

How can companies prevent former employees from using confidential information once they’ve walked out the door? Kiran Radhakrishnan explains In order to maintain a competitive edge in an era of globalization and increasingly liberalized markets, businesses...

Film titles not protected

Madras High Court in a recent judgment held that the Copyright Act, 1957, by itself does not protect titles of films, books or songs, as the title of a work is distinct from the...

Can designs law protect graphical user interface?

By Omesh Puri, LexOrbis
Protecting graphical user interface (GUI) through design registration is still a grey area in India. Although the Indian Design Office follows the classification which has class 14-04 for screen displays or icons, the office...

Indian Law Firm Awards 2017

Find the latest winners of the top law firms in 2018-2019 here   India Business Law Journal names the top law firms in India 2017-18. Rebecca Abraham reports By all accounts, 2017 has provided both opportunities and...
India-intellectual-property-eco-system

Getting inventive

Nishant Sharma assesses the government’s efforts to build an intellectual property eco-system that works for IP creators, buyers and the country at large India has one of the most forward-looking sets of IP legislation in the...

Turf wars

The overlapping scope of authority concerning India’s antitrust and sector regulators raises the question as to which government body businesses should turn to on competition-related matters. Mihir Rale explores the issue The recent skirmish on the issue of...

Directorship, employment and copyright ownership

By Dheeraj Kapoor, LexOrbis
Delhi High Court in August dealt with a highly contentious matter pertaining to the ownership of copyright in a work involving the aspects of fiduciary duties of a director and work done in the...

John Doe orders bring light in dark age of digital piracy

By Aprajita Nigam, LexOrbis
Among various technological developments in the past two decades, the internet and other digital means of communication and publication have taken the highest leap. However, parallel to the escalation in the use of the...
Khaitan & Co represents Trimurti Films in copyright dispute

Khaitan & Co represents Trimurti Films in copyright dispute

Khaitan & Co successfully represented Trimurti Films in the Bombay High Court to prevent Super Cassette Industries (T-series) and Vertex Motion Pictures (Milan Luthria) from using a remixed song in their recently released film...
Gautam Khurana, Anand Verma, India Law Offices, on joint venture between Indian and overseas companies

‘Estate planning’ needed as joint ventures may go awry

By Gautam Khurana and Anand Verma, India Law Offices
When a joint venture (JV) is set up between an Indian and an overseas company, both parties usually have a bullish view of things to come and an eagerness to get started with the...
Omesh Puri, Abhigyan Ashoke, LexOrbis on Punitive damages in intellectual property infringements

Grants of punitive damages signal growing IP protection

By Omesh Puri and Abhigyan Ashok, LexOrbis
Damages, as the name implies, refers to a form of compensation as a result of breach, loss or injury. Punitive damages are pecuniary compensation awarded to punish the at-fault party, particularly for any intentional,...
WhatsApp notice to be legally admissible

WhatsApp notice to be legally admissible

Bombay High Court has confirmed acceptance of communication over WhatsApp Messenger as proof of notice of a case, observing that defendants who avoid and evade service by regular modes cannot be permitted to take...
Dheeraj Kapoor, LexOrbis

Executive and legal regime fight against counterfeiting

By Dheeraj Kapoor, LexOrbis
Counterfeiting imperils a nation’s economic growth and tarnishes its brand image. India’s recent efforts to develop a robust and well-coordinated executive and legal regime to tackle this menace include the first National Intellectual Property...

The right formula

The general counsel of UPL talks to Rebecca Abraham about the risks and rewards of managing 7,000+ agrochemical trademarks Global companies that currently lead in their particular sector – be it electronics, pharmaceuticals or beverages – almost invariably...
India Business Law Journal

Meaningful change

A cheer for transparency, but for how long? Owners of intellectual property (IP) rights in India have been cheering the publication of a new set of trademark rules. It reduces the paperwork when applying for...
Aprajita Nigam, LexOrbis

Zee and Sony in copyright combat over reality show

By Aprajita Nigam, LexOrbis
In the constant race for TV rating points, competitors often come at loggerheads as in a recent clash between two titans over a reality TV show. Zee Entertainment Enterprises initiated a quia timet copyright infringement...
IP comes to the fore in East Africa, John Syekel, Ariana Issalas, Bowmans

IP comes to the fore in East Africa

John Syekei and Ariana Issaias at Bowmans offer tips on intellectual property protection in Kenya Until recently, intellectual property was not a priority for investors seeking their nest of golden eggs in Africa. That is...

Intermediaries rejoice after key appeal win by Myspace

By Daksh Kumar, LexOrbis
Freedom of speech and expression over the internet influence the entire online community, professionally and personally, in varying degrees. In India, the statutory framework on these issues has been inept and judicial precedent to...
DPS Parmar and Aniruddh Singh Protecting the business of professional sports leagues

Protecting the business of professional sports leagues

By DPS Parmar and Aniruddh Singh, LexOrbis
Sports events are among the most popular forms of entertainment available via the media. There is a craze for live events such as Indian Premier League cricket, Indian Super League football and even kabaddi...
Gautam Khurana and Randy Whitmeyer from India Law Offices on an article about Tip for US Companies Doing Business in India

Top tips for US companies doing business in India

By Gautam Khurana, India Law Offices and Randy Whitmeyer, Morningstar Law Group
India offers many advantages for US companies, including English language proficiency, a vibrant technology industry, an educated workforce and lower costs, as well as a number of pitfalls to avoid. Here are some quick...
A push for procedural certainty

A push for procedural certainty

Gowree Gokhale and Jaideep Reddy analyse the problems of delegated legislation and suggest ways to resolve them. While the constitution and central and state statutes are the basis of India’s legal regime, delegated (or subordinate)...

Doing business in India: A mountain of challenges?

By Gautam Khurana, India Law Offices and Stuart Miller, Warwick Legal Network
We read so much about the rapid growth of India’s economy and that recent reforms have made this huge country a more attractive place for foreign investors. But is the reality more complicated? How...

Single licence sufficient to play songs in public

In International Confederation of Societies of Authors and Composers (CISAC) v Aditya Pandey & Ors, the Supreme Court recently upheld a Delhi High Court ruling that event organizers need not secure licences from lyricists...

No tax on offshore transfer if IP owner located abroad

By Atul Dua and Upvan Gupta, Seth Dua & Associates
In the current era of globalization, it is quite common for a business as a whole to be transferred on an “as is where is” basis, without any modification in the prevailing business structure....

Educational exception under copyright act upheld

In The Chancellor, Masters & Scholars of the University of Oxford & Ors v Rameshwari Photocopy Services & Anr, Delhi High Court held that photocopying sections of books in which copyright exists, for use...

Catching the counterfeiters

Abhai Pandey and Omesh Puri on why greater enforcement machinery is vital to fight the fakes With the advent of online marketplaces and the opening up of international trade on those platforms, counterfeiting in India...

Fake in India

Bharat Dube and Frank Rittman discuss the menace of counterfeiting in India and provide tips for brand owners and general counsel on how to fight it In June, Jack Ma, chairman of the Alibaba Group, infamously stated at...

Marks in trouble

Protecting trademarks is tricky across the border in nepal, for a variety of reasons, write Roma Arora and Harsh Aggarwal Astroll through any of Kathmandu’s markets reveals that Nepal’s commerce is closely linked to Indian brands and to international...
Vintage_film_reel,_camera_and_director_board

Copyright infringement claims are arbitrable

Bombay High Court, while adjudicating an application filed under section 8 of the Arbitration and Conciliation Act, 1996, in Eros International Media Limited v Telemax Links India Pvt Ltd, has held that intellectual property...

The tides turn

Will punitive damages being awarded in India deter intellectual property infringement? Rebecca Abraham reports In October 2008, Delhi High Court put its stamp on an interesting settlement reached in a case of trademark infringement brought before...

The slip between cup and lip

Shwetasree Majumder of Fidus Law Chambers discusses intermediary liability and finding collaborative solutions Section 66A of the Information Technology Act, 2000, (the IT Act) has been widely dubbed an anti-free speech provision as it has...
Global_brands

Ruling clarifies jurisdiction in trademark law

Holding that it had no jurisdiction in M/s RSPL Ltd v Mukesh Sharma & Anr, Delhi High Court said that a plaintiff cannot call upon a court to act in a suit “on the...
India Business Law Journal

Dazzled yet daunted by India

Few international brands will have had as long an alliance with India as Cartier The renowned French jeweller has what it calls an “inspiring relationship” with India that dates back to 1911 when Jacques Cartier, a...
By Daksh Kumar, LexOrbis

Service providers’ liability for copyright infringement

By Daksh Kumar, LexOrbis
The internet has been the most omnipresent form of media for two decades and along with all its benefits and popularity the legal ramifications have increased manifold. These include copyright infringement, which has been...

Inspirations, adaptations and drama over IP rights

By Manisha Singh and Shristi Bansal, LexOrbis
India’s illustrious Bollywood entertainment industry is growing at an unprecedented rate, invariably leading to a rise in legal disputes. Traditionally, intellectual property-related disputes were scanty and solved without much ado. However, with the paradigm...
A photo of Bharadwaj Jaishankar and Gaurang Gautam who work at Sikrishna Associates

Some issues and challenges associated with 3D printing

By Bharadwaj Jaishankar and Gaurang Gautam, Saikrishna & Associates
With a constant and dynamic advancement in technology, laws, especially intellectual property laws, are always playing catch-up. This results in IP laws being stretched and sought to be purposively interpreted to cater to the...

Indian Law Firm Awards 2015

India Business Law Journal surveys in-house counsel and other legal professionals to identify the leading law firms of 2015 in a wide range of practice areas. Rebecca Abraham reports For corporate law firms across India, 2015...

What’s in a name? Trademarks for film titles

By Manisha Singh and Divya Srinivasan, LexOrbis
India’s film Industry is booming, known to deliver world class films. Every film gets recognition from its name, giving it a sense of identity for the public to relate to or recognize. In 2001, the...

Intellectual property rights: What startups should know

By Rajesh Begur and Pooja Chitalia, ARA LAW
Branding, customer data, technology such as software, mobile applications, etc., form an integral part of the intellectual property (IP) portfolio of any start-up company. Protection of IP is crucial for startups in view of...

Tweet twitter tweeted: Can copyright protect tweets?

By Manisha Singh and Raashi Jain, LexOrbis
We live in a world where people find it imperative to share their thoughts, even if inane. The success of social networking websites such as Twitter is a clear testament to this need. However...
Hotel_building_plans,_landscape_architect

Building plans of private companies may be disclosed

In Ferani Hotels Pvt Ltd v The State Information Commissioner Greater Mumbai & Ors, Bombay High Court ruled that development plans of a real estate company can be disclosed by the municipal authorities, on an application under the Right to Information Act, 2005. Ferani...

Supreme Court finds no copyright in title of a work

Allowing an appeal in Krishika Lulla & Ors v Shyam Vithalrao Devkatta & Anr, the Supreme Court held that there is no copyright in the title of a literary work and a plaintiff can obtain...
Kumar Visalaksh and Stella Joseph

2015 rulings clarify taxation of software-related services

By Kumar Visalaksh and Stella Joseph, Economic Laws Practice
Taxation of software is one of the most debated issues of indirect taxation. With the rapid digitalization and the constant quest of the central and state governments to get a bigger slice of the...

Confidentiality-copyrights interplay in entertainment

By Manisha Singh and Shristi Bansal, LexOrbis
The need to determine authorship is of paramount importance for the commercialization of intellectual property. Confidentiality and copyright are different areas of law, which seldom coincide when it comes to protecting originality or the...

Globetrotting

Intrepid Indian law firms are setting up offices overseas. What are the practicalities, perks and perils of such ventures? Vandana Chatlani investigates As Indian businesses become more global in their outlook and operations, forward-looking Indian law...

Understanding costs and benefits

Developing an effective enforcement strategy for India can be tricky. Omesh Puri at LexOrbis explains what it takes The enforcement of intellectual property (IP) rights requires the holders of the rights to proclaim their rights....

IP warrior

Ritesh Khosla at Multi Screen Media discusses the menace of piracy and his company’s battles to contain it. Interview by Vandana Chatlani It is the media’s untamed beast. Piracy, with tentacles in every word, sound, image...

Slogans/taglines: Sure shot way to advertising success?

By Manisha Singh and Raashi Jain, LexOrbis
In today’s competitive world, companies continuously try to come up with unique advertisements to promote and create awareness of their goods and services. Advertising in India, a country with so much diversity, is particularly...

Reverse engineering and India’s Copyright Act

By Ameet Datta and Suvarna Mandal, Saikrishna & Associates
Computer programmes or software are classified as “literary works” under the Copyright Act, 1957. Software owners assert copyright in their software, however source code (also protectable under the act) is usually kept confidential. If...
By Manisha Singh and Divya Srinivasan, LexOrbis

Controls on advertising that misleads consumers

By Manisha Singh and Divya Srinivasan, LexOrbis
According to advertising pioneer David Ogilvy, consumers make their purchase decisions based on the content and not the form of advertising. This is still true today. Ads create consumer awareness and with smart marketing enable...

Your place or mine? Case changes jurisdictional rules

By Julien George, Saikrishna & Associates
As a result of legislative policy, intellectual property rights holders can file a suit where they reside or carry on business or personally work for gain, instead of where defendants reside or the cause...

Cause of action governs venue of infringement suit

Dismissing an appeal in Indian Performing Rights Society Ltd v Sanjay Dalia & Anr, the Supreme Court recently held that a plaintiff cannot institute a copyright or trademark infringement suit at a place where...

‘Originality’ concept under India’s copyright regime

By By Ameet Datta and Suvarna Mandal, Saikrishna & Associates
Under section 13 of India’s Copyright Act, 1957, copyright can subsist only in “original” literary, dramatic, musical and artistic works. The act does not define “original” or “originality” and what these concepts entail has...

Exhaustion of copyright in today’s digital market

By Ameet Datta and Suvarna Mandal, Saikrishna & Associates
The digital market has become an important means of distributing copyright works. In relation to “tangible” copyright works such as books, CDs, etc., the rights and the ability of the copyright owner to assert...

The right equation?

A patent infringement case relating to an anti-diabetic drug highlights the delicate balancing act required to protect innovation while ensuring access to affordable medicines. Vandana Chatlani reports On 28 April, the Supreme Court of India is...

In search of synergy

As two well-known intellectual property law firms merge, Rebecca Abraham asks what clients should expect In 2013, six lawyers who appear before Delhi High Court were designated as senior advocates, five of them in February...

Trademark troubles

Roma Arora and Harsh Aggarwal of Havells share some experiences and anecdotes of managing their brands in India Trademark licensing Havells Sylvania Group handled a International Chamber of Commerce arbitration involving a tricky situation that raised...

Faces behind the marks

Brand managers at 24 leading companies reveal their hopes, fears and preferred law firms for intellectual property matters. James Burden reports It’s spring and intellectual property is in the air. Next month approximately 10,000 IP lawyers...
Manisha Singh Nair and Zoya Nafis, LexOrbis

Abiding by the law is key when assigning copyright

By Manisha Singh Nair and Zoya Nafis, LexOrbis
Like other forms of intellectual property, copyright can be transferred by an assignment agreement between the author of the original work and an assignee. Assignment agreements create legal and enforceable rights and can be...

Copyright Act amendments not apt for film and music

By Ameet Datta and Suvarna Mandal, Saikrishna & Associates
The amendments almost three years ago to the Copyright Act, 1957, are arguably among the most significant made to the act to date. The amendments not only radically altered how copyright ownership devolved but...

Trademark and counterfeit law reform in Canada

By Michelle Nelles and Kevin Tuohy, Torys LLP
Two bills that recently became law in Canada are changing the country’s regulatory landscape around trademark and counterfeit issues. Both bills include amendments intended to bring reform to these areas. Bill C-31, which became law...
Venkateshwaran Vaiyapuri

Call waiting

iVoice Ventures has faith in India’s intellectual property regime despite its lingering trademark battle against Apple, writes Venky Vaiyapuri Around 2006, India radically amended its telecom rules on the import of mobile phones thus throwing open...

Time for action

Companies should prepare now for the introduction of the goods and services tax, which is scheduled to take effect a year from now. Girish Vanvari and Santosh Dalvi explain An immediate concern for anyone contemplating an...

Blurred lines

With the boundaries between telecoms, retail and other sectors becoming less well defined, Kalpana Tyagi calls for a new approach to tackling competition law challenges Telecommunications companies that traditionally offered only fixed line telephone services now...
Manisha Singh Nair and Zoya Nafis, LexOrbis

All you need to know about cover versions!

By Manisha Singh Nair and Zoya Nafis,  LexOrbis
Cover versions are new recordings of a previously recorded or commercially released song by someone other than the original artist or composer. Usually non-commercial in nature, cover versions are often created by amateurs and...