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Can IP be owned in India

Can IP be owned in India?

India has made great strides in setting up its intellectual property infrastructure, but is it extensive enough to facilitate the effective ownership of IP assets? Rebecca Abraham reports The case of Time Incorporated v Lokesh Srivastava...
India Business Law Journal

One step forward, two steps back

All too often good laws are undermined by weak implementation and poor enforcement Take intellectual property (IP), a field in which India is often praised for its well-developed laws and regulations. Is the robust legislative...

Music rip-offs: Plagiarism or copyright infringement?

By Zeeshan Ali Khan, Lall Lahiri & Salhotra
It is a common perception that plagiarism amounts to copyright infringement, particularly when it relates to musical and literary works. This could not be further from the truth. While certain elements of plagiarism are...
Manisha Singh Nair,Partner,Lex Orbis IP Practice

Assignment of copyright in commissioned works

By Manisha Singh Nair, Lex Orbis IP Practice
It is advisable that a deed of assignment be executed assigning all IP rights in software to the person commissioning the work as soon as the software is developed and delivered by the vendor...
top indian law firms for 2011

Indian Law Firm Awards 2011

Indian Law Firm Awards 2023 Indian Law Firm Awards 2022 Indian Law Firm Awards 2021 Indian Law Firm Awards 2020 Indian Law Firm Awards 2019 Indian Law Firm Awards 2018 Indian Law Firm Awards 2017 Indian Law Firm Awards 2016 Indian Law...

Years of neglect trigger loss of trademarks

Bombay High Court recently dismissed an action for infringement of copyright and passing off because the registered owner of two trademarks had done nothing to enforce its rights in India for about 10 years. Ruling...

Graduated response scheme: New tool against infringers

By Madhu Chaudhary and Abhishek Kale, Naik Naik & Co
In an attempt to curb online copyright infringement, copyright owners are increasingly seeking to enlist the assistance of internet service providers (ISPs) to enforce copyright and impose sanctions on those who abuse it. This...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Legal means created to curb corruption in India

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
Corruption is the abuse of entrusted power for private gain and encompasses corrupt practices in both the public and private sectors. It has become imperative to curb the corruption in India and the legislature...

John Doe orders bring relief for film producers

By Ravi Suryawanshi, Naik Naik & Co
Piracy is catastrophic to the commercial exploitation of cinematograph films. A film’s life is largely dependent on the revenues generated through its theatrical exploitation, especially in the first week of release. A producer spends tens...

Legal Process Outsourcing 2011

Legal Process Outsourcing Awards 2009 Legal Process Outsourcing Awards 2010 Legal Process Outsourcing Awards 2012 Legal Process Outsourcing Awards 2013 Legal Process Outsourcing Awards 2014 Legal Process Outsourcing Awards 2015 As the tide begins to turn and LPOs go mainstream...
Gordon Mathews professor Department of Anthropology Chinese University of Hong Kong

Contemporary Marco Polos

India’s economic buoyancy stretches far beyond the realm of the country’s family-owned business empires, writes Gordon Mathews Readers of India Business Law Journal are bombarded by news of billion-dollar deals closed by large enterprises and...

Law still developing on broadcast of sports events

By Kajigailiu Gaiduwan Kamei, Lall Lahiri & Salhotra
With India participating more in global sport, there has been a significant growth in its sports industry. This has resulted in the evolution of the legal framework in relation to sports events. Organizers of sports...
Manisha Singh Nair, Lex Orbis IP Practice

DNA sequencing: merging ideas and expressions

By Manisha Singh Nair, Lex Orbis IP Practice
Copyright law protects only the expression and not an idea. However, the idea-expression dichotomy gets complicated when the idea and the expression of the idea are inseparable or there is only one way to...

IP demystified

Legal experts answer corporate counsel’s most pressing questions about intellectual property Four corporate counsel from Infosys, Nokia, Mobiltrain Knowledge Services and Wockhardt share their greatest intellectual property concerns with India Business Law Journal. We asked...
Copyright board able to grant interim relief

Copyright board able to grant interim relief

Can the Copyright Board pass interim orders in proceedings under section 31 of the Copyright Act, 1957? Allowing an appeal in Music Broadcast Pvt Ltd v Super Cassette Industries Ltd, a two-member bench of...
Burges finds new friends in Delhi

Gadhia Solar gets new legal counsel

Vinay Dwarkadas has been appointed general counsel at Gadhia Solar, a company that provides solar thermal energy systems using parabolic concentrated technology. Dwarkadas has 18 years of experience as a lawyer. Before joining Gadhia Solar,...
Madhu Chaudhary Gadodia,Rishabh G Mastaram,Naik Naik & Co

Curbing online copyright infringement: due diligence

By Madhu Chaudhary Gadodia and Rishabh G Mastaram, Naik Naik & Co
It is common for intermediaries, such as Yahoo or Google, that have a global presence to include content on their website that can be instantly uploaded and downloaded by an unlimited number of users....
Doyel Sengupta,Senior associate,Lall Lahiri & Salhotra

Is royalty sharing still a dream for performing artists?

By Doyel Sengupta, Lall Lahiri & Salhotra
The Copyright Amendment Bill, 2010, has once again been cast under the spotlight following two recent orders passed by the high courts of Bombay and Delhi. In a judgment pronounced on 25 July in Music...
Anuradha Salhotra.Managing partner,Lall Lahiri & Salhotra

Social networking and intellectual property

By Anuradha Salhotra, Lall Lahiri & Salhotra
Social media is now an integral part of all our lives. It is a vital tool for both personal and business purposes. The popular social networking site Facebook – designed by and for college students...
Manisha Singh Nair,Partner,Lex Orbis IP Practice

Public versus private broadcast

By Manisha Singh Nair, Lex Orbis IP Practice
Can the viewing of a television channel by a few select clients be considered as a communication to the public and if so, would it be an infringement of copyright? In Garware Plastics and Polyester...

Time-honoured traditions under threat

Anushri Gupta of Remfry & Sagar explains why existing laws are inadequate to protect India’s traditional knowledge As one of the world’s most bio-diverse countries, India is well endowed with traditional knowledge, particularly that relating to...

Standing up for your rights

Amritesh Mishra of Lall Lahiri & Salhotra offers advice on the enforcement options available to the victims of IP abuse While patents and industrial design rights must be applied for if any protection is to...

Missing in action

A loss of data by India’s Trade Marks Registry is indicative of wider problems that plague domestic and international IP owners Vandana Chatlani reports “Is it possible that the Trade Marks Registry in this country can...
Company's reputation and goodwill protected

Company’s reputation and goodwill protected

Holding that “no one can be permitted to encroach upon the reputation and goodwill of other parties” the Supreme Court recently struck down an appeal by an incense stick maker who used the same...
Reshma Pramila Minz,Associate,Lall Lahiri & Salhotra

Piracy continues to cripple entertainment industry

By Reshma Pramila Minz, Lall Lahiri & Salhotra
The Indian entertainment industry, which had enjoyed several years of rapid growth, has been almost crippled in recent years by the menace of piracy and counterfeiting. Piracy, which affects music, movies and software, is...
Shabnam Khan,Senior associate,Lall Lahiri & Salhotra

The controversy around ambush marketing

By Shabnam Khan, Lall Lahiri & Salhotra
While sporting events turn the spotlight onto their host country, they also play a vital role in the country’s economy. These events provide a valuable opportunity for a company to extend its competitive edge. In...
Abhai Pandey,Lex Orbis IP Practice

First-sale argument fails in export of Indian editions

By Abhai Pandey, Lex Orbis IP Practice
In Pearson Education & Ors v Prabhat Chander Kumar Jain & Ors Delhi High Court discussed an interesting question on infringement of copyright under the Indian Copyright Act, 1957. The plaintiffs, which are foreign publishing...

Depreciation on intangible assets allowed

Delhi High Court recently held that depreciation can be charged even on an intangible asset like goodwill, as it is a form of a commercial right and is used to carry out business. In...

Indian Law Firm Awards 2010

Indian Law Firm Awards 2023 Indian Law Firm Awards 2022 Indian Law Firm Awards 2021 Indian Law Firm Awards 2020 Indian Law Firm Awards 2019 Indian Law Firm Awards 2018 Indian Law Firm Awards 2017 Indian Law Firm Awards 2016 Indian Law...

Poorly protected assets

Who’s to blame for India Inc’s trademark troubles? Raghavendra Verma finds out When Indian biscuit maker Britannia created a crunchy, chocolatey, cream-centred snack to accompany its Milk Bikis, Little Hearts and other confectionery treats...
Shalika Bhalla,Associate,Lall Lahiri & Salhotra

Rights of performers increasingly recognized

By Shalika Bhalla, Lall Lahiri & Salhotra
How many entertainment events can one recollect where popular music is not played – probably none! While it has become a norm for catchy numbers to be played at social do’s, chances are that...

Deals of the Year 2010

India Business Law Journal showcases 50 of the most significant transactions, court cases and IP enforcement actions of 2010 and reveals the law firms that guided them George W Russell reports The international financial crash that...

All software imports to fall under tax net

The Income Tax Appellate Tribunal (ITAT) in Delhi recently held that payments by a resident to a non-resident, for import of shrink-wrapped software, are taxable as royalty income in the hands of the non-resident. Ruling...
Committee presents report on copyright bill

Committee presents report on copyright bill

On 23 November, the parliamentary standing committee tabled its report on the Copyright Amendment Bill, 2010. The bill proposes to amend the existing Copyright Act, 1957, in an effort to remove operational difficulties and...

Saikrishna hires from Luthra

Noida-based IP boutique Saikrishna & Associates has hired Monica Datta as a partner. Datta had previously been a partner at Luthra & Luthra and before that she had worked at Anand and Anand. Speaking to...
Legal Process Outsourcing in India 2010

Legal Process Outsourcing Awards

Legal Process Outsourcing Awards 2009 Legal Process Outsourcing Awards 2011 Legal Process Outsourcing Awards 2012 Legal Process Outsourcing Awards 2013 Legal Process Outsourcing Awards 2014 Legal Process Outsourcing Awards 2015 As consolidation reshapes the global LPO landscape, India Business Law...

Music royalties reduced to meet global standards

In a recent order that was described as “the final nail in the coffin of the music industry”, the Copyright Board said FM radio stations need pay only 2% of their net advertisement earnings...
Taxation of software

Taxation of software: ambiguities unresolved

By Gaurav Bhandari and Anuradha Mohanty, Economic Laws Practice
In India, the taxation of software has been the subject of constant dispute and legislative review. One such issue is the unresolved overlap between value added tax (VAT) levied by the state governments on...
Doyel Sengupta,Associate,Lall Lahiri & Salhotra

Guruji.com: infringement in music downloads?

By Doyel Sengupta, Lall Lahiri & Salhotra
Disputes between music companies and web portals offering free downloads of music are considered the biggest threat to the music business. Criminal charges were recently filed against Sequoia Capital-funded Guruji.com – a web portal...
Aditi Sharma,Associate,Lall Lahiri & Salhotra

Foul play: copyright protection for online games

By Aditi Sharma, Lall Lahiri & Salhotra
Online gaming is one of the fastest growing obsessions of today’s youth. What began with video games – first in arcades on giant sized machines and later on relatively smaller and portable devices –...

Legal Market Report & Directory of Indian Law Firms 2010

Indian law firms are grappling with a flood of new legislation as they attempt to capitalize on the resurgent economy By Vandana Chatlani In recent weeks resurgent monsoon rains have brought chaos to India’s capital city...

Publicity stunts

Falling foul of UK advertising laws may prove dangerous for Indian businesses Omleen Ajimal and Charles Lloyd explain The UK is home to more than 600 Indian companies and presents a profitable market for hundreds more....

Publishers of cheap textbooks win case in Delhi

In John Wiley & Sons Inc & Ors v Prabhat Chander & Ors Delhi High Court held that the “provision for international exhaustion is absent in our Indian law”. As a result exporting a...

New taxes hit key services

On 1 July, several new categories of services became subject to service tax following the implementation of the Finance Act, 2010, at the end of May. Healthcare services such as nursing homes and clinics are...
Neha Kochhar,Associate,Lall Lahiri & Salhotra Focus keyword:

Doctrine of exhaustion of rights and conditional sale

By Neha Kochhar, Lall Lahiri & Salhotra
Ownership of intellectual property gives its owner certain rights that enable them to use it profitably. As regards copyright protected products, this includes the right to sell or “issue” copies of the work. The...

For profit or for principle?

Many law graduates are more interested in money than in discovering the thrills of their profession, argues Anand Desai On 1 May India’s Prime Minister Manmohan Singh said: “If we are to have a society...

Supreme Court issues directions on expediting IP cases

Responding to a special leave petition (SLP) in Shree Vardhman Rice & Gen Mills v Amar Singh Chawalwala, a two-member bench of the Supreme Court recently ordered that “matters relating to trademarks, copyrights and...

Artists to benefit from amendments to Copyright Act

On 19 April, the government put forward to the Rajya Sabha, the upper house of parliament, a number of proposals in the Copyright Amendment Bill, 2010. One of these measures is intended to empower...
Rahul Chaudhry,Partner,Lall Lahiri & Salhotra

Copyright amendments and cinematographic films

By Rahul Chaudhry, Lall Lahiri & Salhotra
We On 29 April, Calcutta High Court refused an interim injunction to Anandji, one part of the famed Bollywood music composer duo Kalyanji-Anandji, against the use of their song Apni Toh Jaise Taise, from...

Trouble overseas

India may be better known as a perpetrator than a victim of intellectual property abuses. But the growing international reach of its companies has resulted in many of them falling victim to piracy in...

The real Bollywood villains

Piracy and taxes are stifling creativity in India’s film industry, argues Bollywood producer Ronnie Screwvala On 20 April, Constantin Films, the producer of the Academy Award-nominated film Downfall, asked YouTube to remove every video that infringed...
Rahul Chaudhry,Partner,Lall Lahiri & Salhotra

IP enforcement

Rahul Chaudhry, a partner at Lall Lahiri & Salhotra, identifies the key steps in fighting patent and trademark violations If IP is to retain its value, it is important to ensure that the legal rights...

Trademark protection

Kavita Mundkur and Aditi Verma of Krishna & Saurastri highlight the crucial steps in protecting a brand Trademarked brands are the key identity of businesses in contemporary times. They hold much more value for a...

On your marks

India is racing to upgrade its creaking IP infrastructure. Will the improvements be fast enough to ensure a timely accession to the Madrid Protocol and satisfy the demands of domestic and international rights holders? Vandana Chatlani reports To...

Delhi High Court refuses ‘vague’ injunction

Delhi High Court has recently said that a defendant needs to be aware of what he is prohibited from doing before he can be told not to do it. Delivering judgment on 5 April...

Middletons bats for India

Australian law firm Middletons recently hosted a Confederation of Indian Industry even in Melbourne called “Building Business through Sport”. The conference was organised by the Australian Industry Group, the Australia-India Business Council, the City of...
IP Cases

Specialist courts to hear IP cases

The Indian government has announced plans to establish special courts to reduce the pressure from the hundreds of intellectual property (IP) cases that remain unsettled. The government’s efforts, which will include training for judges,...
India Business Law Journal

Re-imagining our world

“Innovation linking the world”, the theme of World IP Day on 26 April, could almost be the tagline for a device that might never have been if it had not been patented – the...
Shalika Bhalla,Associate,Lall Lahiri & Salhotra

Open source software licensing: boon or bane?

By Shalika Bhalla, Lall Lahiri & Salhotra
We are all mindful of warranties and guarantees while shopping for gadgets. However, this does not seem to extend to licences. Today even the purchase of a simple mobile phone requires the possession of...
Priti Suri,Dhruv Suri,PSA

Social networking sites and identity theft

By Priti Suri and Dhruv Suri, PSA
The chief justice of India, KG Balakrishnan, has noted that democratic values such as “freedom of speech and expression”, “freedom of association” and the “freedom to pursue an occupation, business, profession or trade” need...

Flying below the radar

India boasts a rich and diverse legal market, but only a handful of its largest law firms are visible to international clients. Following an in-depth investigation, India Business Law Journal reveals some of the...

FoxMandal loses key IP partner

After less than nine months as a partner at FoxMandal Little, Vinay Dwarkadas has left the firm to join Mumbai-based IP boutique RK Dewan & Co. Prior to joining FoxMandal, Dwarkadas had been a senior...
Shubneet Panjete,Senior associate,Lall Lahiri & Salhotra

Copyright infringement and plagiarism on the big screen

By Shubneet Panjete, Lall Lahiri & Salhotra
The concept of plagiarism – the “use or close imitation of the language and thoughts of another author and the representation of them as one’s own original work”, according to the Random House dictionary...
Abhai Pandey,Lawyer,Lex Orbis

Artists and broadcasters divided over copyright policy

By Abhai Pandey, Lex Orbis IP Practice
The proposed amendment to the Copyright Act, 1957, addresses numerous issues. On the one hand, the amendment aims to bring the act in conformity with internet treaties, namely the Performers and Phonograms Treaty and...
India Business Law Journal

Oiling the wheels of progress

‘The patent system added the fuel of interest to the fire of genius.’ So said Abraham Lincoln, the only US president to hold a patent. For modern-day evidence of this, look no further than the...

Shopping for justice

Choosing the right venue for resolving a dispute is crucial. But when does the established principle of ‘plaintiff’s choice’ degenerate into the much-maligned practice of ‘forum shopping’? Alfred Romann investigates There is a large disparity between...

India in 2010

Business and legal professionals gaze into their crystal balls and share their predictions for the year ahead India Business Law Journal invited senior lawyers, corporate counsel and a risk and security expert to predict the...
Business Law Journal, letter to the editor

Changing for the better

Dear Madam, I had the opportunity to read the Spotlight article – Stepping up the fight – in your November issue. I agree with the views of Gaurang Kanth, the managing partner of Kanth & Associates,...
Business Law Journal, letter to the editor

Compare India with the best

Dear Madam, I read with interest the story called Stepping up the fight in the November issue of your magazine, which covered IP laws and their enforcement in India. I was indeed surprised to learn...

The rights and wrongs of copyright societies

By Sana Jaffri, Lall Lahiri & Salhotra
The purpose of copyright is to protect artists by enabling them to reap the rewards of their literary, dramatic, musical or other creations. By providing creators or authors of artistic works with the exclusive...

Stepping up the fight

Renewed judicial resolve and coordinated efforts by industry bodies are reshaping India’s intellectual property battlefield. Important victories have boosted IP owners’ morale, but the war is far from won Raghavendra Verma reports from New Delhi Brand piracy...
India Business Law Journal

Challenging the status quo

In Lagaan – the Bollywood blockbuster that mixes tales of taxes, passion and cricket with song and dance – the underdogs triumph, but only after an epic battle The saga of India’s tax system over...
Saipriya Kumeria,Associate,Lall Lahiri & Salhotra

Digital rights management and the public interest

By Saipriya Kumeria, Lall Lahiri & Salhotra
Technology has made it easy to store, share and transfer data, whether for business or recreational purposes, almost instantaneously and without any loss of data quality. This has dramatically impacted the consumption of entertainment....
indian law firm billing rates

2009 survey of law firm billing rates

India law firm billing rates 2010 India law firm billing rates 2011 India law firm billing rates 2012 India law firm billing rates 2013 India law firm billing rates 2014 India law firm billing rates 2015 India law firm billing...
Bullish about India

Bullish about India

French company Vétoquinol has bucked the market by acquiring a major animal healthcare business in India. The deal involved complex intellectual property and licensing agreements, careful tax structuring and tough negotiations Rahul R Mahajan reports...
Slaughter and May start outsourcing

Slaughter ‘may’ start outsourcing

English magic circle firm Slaughter and May has reportedly been discussing plans to send some of its legal work offshore. As one of the UK’s pre-eminent law firms – and one which was previously...

Online subscription fees not royalties

FactSet Research Systems approached the Authority for Advance Rulings (AAR) with respect to its tax liability in India regarding the subscription fees received by it from customers in India, in accordance with the Income...
Business Law Journal, letter to the editor

Historical perspective

Dear Madam, I read your cover story titled Law enforcement with a great deal of interest (IBLJ, July/August 2009). It records the frustration of many practitioners and clients regarding the Indian legal system and enforcement...
Priti Suri,Proprietor,PSA

IP protection critical in outsourcing

By Priti Suri, PSA, Legal Counsellors
A“changed world order”; “Like it or not, outsourcing is here to stay”; “2010 revenues of US$50 billion” – all are statements now being made about the Indian outsourcing industry. Among the range of activities...

FoxMandal appoints Khaitan IP expert

FoxMandal Little, one of India’s largest law firms, has appointed IP specialist Vinay Dwarkadas from Khaitan & Co. Dwarkadas, one of the founding members of Khaitan’s IP practice in Mumbai, has practised Indian law...
Study guides do not constitute copyright infringement

Study guides do not constitute copyright infringement

In Syndicate of the Press & Anr v BD Bhandari and Anr, Delhi High Court recently addressed the issue of copyright infringement in certain published study materials used in schools and colleges. A suit...

Unauthorized ‘original’ imported DVDs not for hire

In an order passed on 13 April by Delhi High Court in Warner Bros Entertainment Inc and Ors v Mr Santosh VG, the issues of copyright infringement in cinematographic works and the unauthorized importation...

FoxMandal grabs Khaitan IP lawyer

FoxMandal Little has announced the appointment of Vinay Dwarkadas as a partner in its intellectual property and corporate practices. Dwarkadas was previously a senior associate in the Mumbai office of Khaitan & Co. An IP...
Abhai Pandey,Lawyer,Lex Orbis

Overview shows trend to extend broadcasters’ rights

By Abhai Pandey,Lex Orbis IP Practice
Broadcasting of a copyrighted work in audio or visual form requires a licence from the copyright owner, who has the exclusive right to communicate or transmit the work. The broadcast rights so acquired do...
Protecting your intellectual property portfolios

Making your mark

The economic downturn must not deter rights owners from deploying smart strategies to protect and build their intellectual property portfolios. Vandana Chatlani reports John Squires, a partner and co-chair of the IP practice at Chadbourne &...

Protecting hidden value

With company budgets under pressure, IP owners are rethinking their protection strategies. Cutting costs in this vital domain may prove not merely a false economy but a fatal miscalculation. Vandana Chatlani reports With corporate budgets slashed,...
Rahul Chaudhry,Partner,Lall Lahiri & Salhotra

Lights, camera, action! Identifying performer’s rights

By Rahul Chaudhry,Lall Lahiri & Salhotra
An interesting facet of copyright law is that in every work that is copyrightable, there is usually more than one individual with concurrent rights. These concurrent rights are differently defined and overlap with one...
Abhai Pandey,Lawyer,Lex Orbis IP Practice

Drawing a balance between fair use and exploitation

By Abhai Pandey,Lex Orbis IP Practice
Fair use provisions, which are exceptions to infringement of copyright, provide a good balance between private profit and public good and allow the pursuit of research and education. Primarily, it allows the limited reproduction,...

Rising stars, unsung heroes

Rising Stars 2017 Rising Stars 2018 Rising Stars 2019 A survey of India’s lesser-known law firms unveils a rich universe of high-quality legal solutions. Until now, clients may have been unaware of the depth and diversity of services on offer. Alfred Romann...

US coalition wants India on ‘IP watch’

In February, the International Intellectual Property Alliance (IIPA), a coalition of US copyright protection organizations, asked the Office of the US Foreign Trade Representative to place India and 11 other nations under watch for...
Rahul Chaudhry,Partner,Lall Lahiri & Salhotra

Wider protection needed for broadcasters’ rights

By Rahul Chaudhry,Lall Lahiri & Salhotra
While television, radio and other entertainment media are often the subjects of discussion regarding intellectual property rights, there has been minimal discussion of broadcasters’ rights. While production of content may be a costly affair...
Abhai Pandey,Lawyer,Lex Orbis IP Practice

Cases clarify jurisdiction in composite IP suits

By Abhai Pandey,Lex Orbis IP Practice
The jurisdiction of a court to try a suit in the case of copyright or trademark infringement is an important matter. Section 20 of the Civil Procedure Code (CPC) states that the jurisdiction of...

Enigma of software taxation: Royalty or business income?

The Delhi Bench of the Income Tax Appellate Tribunal recently delivered a judgment in relation to the characterization of receipts from software licensing in the case of Infrasoft Limited, a branch of Infrasoft US....

‘Banglar Taj’ unlikely to face copyright test

An unusual copyright infringement case surrounding a replica of the Taj Mahal in Bangladesh is unlikely to proceed. The imitation Taj Mahal is the brainchild of businessman and film producer Ahsunullah Moni, who is having...

Cyber-venture for Seth Associates

Seth Associates, a full-service law firm based in New Delhi, has launched a specialist arm focusing on cyberlaw and information technology. Cyberlaws Consulting Centre (CCC) is headed by Karnika Seth, a noted specialist in...
Abhai Pandey,Lawyer,Lex Orbis IP Practice

Search on premises vital in software piracy cases

By Abhai Pandey,Lex Orbis IP Practice
Containing piracy is critical as it creates huge losses for owners of intellectual property and adversely affects national economies and global trade. The menace of piracy has been wrestled with to some extent, as...

Consumer products companies in India resort to comparative advertising

In their fight to gain market share, consumer products manufacturers have resorted to comparative advertising, sometimes denigrating their competitors’ products. India’s courts have taken a dim view of the practice. By Chander M Lall In today’s...

In the line of fire

Ameet Datta tells the story of a real life IP raid and explains why civil procedures are more enticing than criminal ones in the battle against pirates It is the worst kept secret in Delhi. In...
Facebook game Scrabulous

Fresh hope for Scrabulous brothers

The legal battle over the Facebook game Scrabulous took a new turn in October after a court in New Delhi ruled that the Scrabble game itself is not protected by copyright. Under the Delhi High...
India Authority for Advance Rulings AAR e-commerce transactions

AAR fuels ambiguity over e-commerce tax

The Authority for Advance Rulings (AAR), in a decision dated 28 July, has added to the confusion surrounding the taxation of e-commerce transactions in India. The transaction in the present case relates to the...

Analyzing the interface: media and copyright laws

By Abhai Pandey, LexOrbis
The emerging face of copyright law and its impact on the media and entertainment industry – and in turn the influence of the media on copyright laws – gives rise to an interesting scene...
Scrabulous legal action threat

Game over for Scrabulous

In response to the threat of legal action, Facebook websites in the United States and Canada removed the Scrabble-like game Scrabulous in July. Game publisher Hasbro sent Facebook a notification of copyright infringement under the...
Baljit Singh Kalha and Nishant Malhotra, Titus & Co

IP assets may be more valuable than physical ones

By Baljit Singh Kalha and Nishant Malhotra, Titus & Co
The importance of a company’s intellectual property (IP) assets such as trademarks, copyrights, patents, trade secrets, designs, geographical indications and internet domain names, has grown immensely over the past decade. IP assets are the foundation...
India music

Facing the music

India’s entertainment industry has been rocked by a round of high-profile copyright cases. Vandana Chatlani talks to Amarjit Singh about a dispute over a Bollywood soundtrack and its implications for artists and IP owners The...
Justice Manmohan Singh of Delhi High Court

Judicial insights

In a rare interview with a sitting judge, India Business Law Journal speaks to Justice Manmohan Singh of Delhi High Court about the challenges facing the judiciary and the prospects of introducing specialist benches  Justice Singh has...
Abhixit Singh,Digvijay Singh,Titus & Co

Plea bargaining in India: A unique concept

By Abhixit Singh and Digvijay Singh,Titus & Co
Plea bargaining refers to pre-trial negotiation between the prosecution and the accused during which the accused agrees to plead guilty in exchange for certain concessions by the prosecutor. It is essentially negotiation of incentives offered...
India copyright Houghton Mifflin Harcourt

US publisher wins India copyright case

Indian law firm Akash Chittranshi & Associates acted for US publishing company Houghton Mifflin Harcourt in a successful civil proceeding against All India Traveller Book Seller (AITBS). The action followed police raids that uncovered...
scrabble game

Kolkata brothers face lawsuit over internet game

Two brothers from Kolkata could face a lawsuit over a wildly popular internet game they created. Scrabulous has become the most popular game on Facebook.com and is played by millions of web users. Like Scrabble,...
YouTube

YouTube, Google sued over copyright abuse

Super Cassettes Industries has filed a lawsuit against Google and YouTube for copyright violation after the US companies displayed content over which the Indian music label says it holds the copyright. The High Court in...
intellectual

Defending hidden value

Strict internal controls, risk assessments and staff education are vital for long-term success in protecting intellectual assets. Equally important is keeping a close eye on the activities of competitors and proactively monitoring for cases...
Harry Potter lawsuits

Festival wins Potter lawsuit

A lawsuit by Warner Brothers filed against the organizers of a Hindu festival for using images from the Harry Potter franchise was thrown out of court in October. Warner filed the case on behalf of...

The cost of fake books

The fight against book piracy is indicative of a wider problem: Even the most comprehensive laws don’t guarantee practical protection Alfred Romann explains Propped up on the bookshelf is a copy of Amartya Sen’s The...
Supreme court India Judicial reform

A nation where the law should rule

India should be more than a land with laws. It should be a place where those laws are enforced, argues IP lawyer Akash Chittranshi India is a “happening” territory for copyrights. Lots of copyrights are...
India Business Law Journal

Justice delayed

When it comes to economic growth and all the benefits that come with it, is India’s much-vaunted legal system more of a barrier than a facilitator? A recent feature in the Financial Times carried the...
Abhai Pandey, Lex Orbis IP Practice

Herald of a new era for award of damages

By Abhai Pandey, Lex Orbis IP Practice
It may be appropriate to begin with a quote from a judgment of the Delhi High Court in Time Incorporated v Lokesh Srivastava & Anr 2005 (30) PTC 3 (Del). Interesting, equally insightful and...
Delhi High Court stops Zee TV's unlicensed music usage

High Court stops the music

The high court in Delhi in July ordered Zee TV to stop using music in its programmes without obtaining permission from its lawful owners. Citing a violation of the 1957 Copyright Act, the Indian Performing...
Cyber laws india need upgrade

Cyber laws in need of upgrade

India should introduce a single e-commerce bill that covers transactions, computer misuse and fraud By Sumanjeet Singh Phishing, a common computer scam, involves a mass e-mail promising a reward in exchange for information. One of the...

Customs to take action against IPR violators

In the latest crackdown on intellectual property rights (IPR) violators, the Finance Ministry introduced new regulations that will allow companies to stop the import of products if they can prove the goods violate patents,...
Abhai Pandey, Lawyer, Lex Orbis IP Practice

Specialized appellate board for patent appeals

By Abhai Pandey, Lex Orbis IP Practice
The establishment of a specialized court and tribunal for intellectual property rights cases has been in demand since India’s accession to the World Trade Organization and the opening up of the Indian economy to...

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