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Ineffective copyright protection in the metaverse
Pooja Entertainment recently purchased virtual land, naming it Poojaverse, to promote its release of Bade Miyan Chote Miyan, the first Hindi film released in the metaverse. This unprecedented move proves film producers are tapping...
India, Japan build an enterprising cyber future
In June 2022, India and Japan held a high-level virtual cyber dialogue. The joint secretary of the Cyber Diplomacy Division of the Ministry of External Affairs led the India side, which included ministries such...
Safe digital spaces may curtail existing freedoms
Questions over whether the internet should be regulated and if so, how have vexed governments for years, with India being no different. In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)...
Sweet smell of success in protecting advertising IPRs
With the spread of digital media and platforms, particularly across borders, advertising assumes even greater importance in acquiring reputation and goodwill. Jurisprudence and the application of intellectual property rights protection must correspondingly evolve to...
Court in the act
Supreme Court gives teeth to copyright penalties
The Supreme Court’s judgment in the recent matter of Knit Pro International v State of NCT of Delhi is likely to assuage the demands of Western nations that...
You’re hooked!
A new cyber scam is targeting top brands’ websites to sell fake dealerships and franchise offers. While the courts are helping by making such offences cognisable and non-bailable, brand owners must up the ante...
Hirani joins MDP & Partners to head media practice
Lavin Hirani has been appointed as a partner at MDP & Partners and will head the firm's media and entertainment practice.
In his previous assignments, he was an associate partner for three years at Naik...
New ASCI code prohibits stereotypes and prejudice
The Advertising Standards Council of India (ASCI) is a non-profit company that serves as a voluntary council to further the cause of self-regulation in the advertising industry. It is sponsored by advertisers, the media,...
Nidumuri leaves Indus to take CAM’s southern dispute reins
Lomesh Kiran Nidumuri has joined Cyril Amarchand Mangaldas (CAM) as a disputes-practice partner. He was previously a partner at IndusLaw where he headed the disputes team.
Nidumuri will be based in Bengaluru and lead the...
Crystal gazing into the future of competition and digital markets
The rise in the use of digital platforms and emerging technology has forced competition regulators globally to keep up, innovate and widen their competition assessment tools. The Competition Commission of India (CCI) is not...
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Rising prominence of store layouts in IP disputes
Prachi Agarwal and Mishthi Dubey examine the jurisprudence around store layouts and provide practical advice for their protection
It is seemingly often that a reference to a certain restaurant or a store strikes in the...
Court requires banks to join fight against scammers
More cases of online scamming, phishing and fraud have come to light in the recent past. In January 2022, the Delhi High Court granted an interim order in the case of Kajaria Ceramics Limited...
Future Legal Leaders 2022
India Business Law Journal identifies 50 promising lawyers who are poised for greater success
Access The List
In a time when demonstrating strong leadership potential is a quality essential to thriving in the legal industry, India...
IP dimension of NFTs
Mamta Rani Jha looks at NFTs through the prism of intellectual property and discusses possible issues that may arise when dealing with them
One of the most discussed applications of blockchain today is the non-fungible...
In the market for a distinctive trademark
In the recent case of Walmart Apollo Llc v Aayush Jain and Anr, the Delhi High Court dealt with allegations that the defendants were not acting in good faith and had not in good faith...
Jury out on fate of cryptos, NFTs
India stands on the cusp of a cryptocurrency boom even as a 2021 bill may scupper opportunities while also affecting prospects for non-fungible tokens, which are traded in cryptos. Raghavan Ramabadran and Sai Prashanth define the instruments and...
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...
Non-fungible tokens: The new kid on the block
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...
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...
Copyrighted software not taxable royalty on resale
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...
KAL Radio out of tune on copyright
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
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
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
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 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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Copyright registration not mandatory for enforcement of rights
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?
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...
Using injunctions to prevent IP infringement
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
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...
How proposed data reform will affect venture capital
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...
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...
Domain registrars and banks held accountable
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 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...
No copyright protection implied for film sequels
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,...
Fighting piracy: A usual day at work for software giants
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...
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...
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...
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Brands adopt stronger enforcement strategies
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...
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...
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...
Recourse measures for apprehension of infringement
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...
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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...
Are copyright infringement offences cognizable or not?
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 in brief – September 2019
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...
Leaders of the pack
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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...
News in brief – June 2019
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...
Protecting IP assets key to success of startups
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...
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...
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...
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...
Calculating punitive damages in infringement
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...
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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
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INTERNET PLATFORM LIABILITY
Intermediary liability in India...
Intermediary liability in India – moving goalposts
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...
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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
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...
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?
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
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
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
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
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
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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?
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...
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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...
Directorship, employment and copyright ownership
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
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 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...
‘Estate planning’ needed as joint ventures may go awry
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...
Grants of punitive damages signal growing IP protection
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
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...
Executive and legal regime fight against counterfeiting
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...
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...
Zee and Sony in copyright combat over reality show
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 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
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...
Protecting the business of professional sports leagues
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...
Top tips for US companies doing business in India
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
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?
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
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...
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...
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...
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...
Service providers’ liability for copyright infringement
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
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...
Some issues and challenges associated with 3D printing
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...
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What’s in a name? Trademarks for film titles
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
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?
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...
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...
2015 rulings clarify taxation of software-related services
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
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?
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...
