Restricting ‘Pay-for-Delay’ Agreements
This post discusses recent fines imposed on pharmaceutical companies for pay-for-delay agreements and examines their impact on market competition and drug pricing. It analyses regulatory measures and the…
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Why Don’t You Want to be an IP Attorney? – Five Reasons
The post examines five reasons that may deter individuals from becoming IP attorneys in India, including challenging deadlines, client expectations, and slow enforcement. It offers an analytical perspective…
Copyright Assignment & Licenses – Part II
This article discusses critical legal requirements for copyright assignments and licenses in India under Section 19 of the Copyright Act, 1957. It also analyses the 2012 amendments and…
Wacky Patents 4 – Mode-Enhanced Hindustani Music
This post analyses the Mode-Enhanced Hindustani Music patent and its proposal to expand the Thaat system using mathematical methods. It raises crucial questions about the patentability of musical…
Flavour Marks – Can They Become a Reality?
This post analyses whether flavour marks can be registered as trademarks under Indian and international law. It objectively examines legal hurdles and recent case law, providing a structured,…
Section 3(ka): A Decision on a Patent Application Related to Mathematical Methods
The IPAB upheld the rejection of a patent application involving mathematical methods under section 3(ka) of the Indian Patents Act. This decision clarifies the exclusion of mathematical methods…
Personality Rights in India – Part II
This post examines personality rights in India, particularly the protection of publicity rights and relevant legal provisions. It highlights key judicial decisions and discusses the exceptions for legitimate…
Inventive Step of an Invention Analysed
This post examines the Green Cross Holdings case, where the Indian IPAB upheld the rejection of a patent application for lacking inventive step. The analysis highlights legal standards…
Domain Names, Email or Private Communication as Proof of Trademark Use
This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence…
“Digital Infringers, Beware of the Goonda Act!”
Karnataka’s amended Goonda Act now covers digital offenders, allowing preventive detention for IT and copyright-related activities. The legal community has expressed concern over the law’s scope and the…
Intellectual Property Protection for Computer Programs – Part IV
This post explores software patent protection in India, comparing it to copyright law and analysing the legal complexities involved. It provides an objective assessment of the scope, benefits,…
Fair Use vs. Copyright Infringement
This post analyses key legal cases that shaped the debate on fair use versus copyright infringement, focusing on transformative use in art. It highlights how courts have interpreted…