Samsung and Huawei Lose Patent Fight against Unwired Planet
Unwired Planet has won the first round in a UK patent dispute against Samsung and Huawei over LTE standard essential patents. The ruling addresses both technical infringement and…
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Exceptions for Access to the Blind
The Indian Copyright Act provides specific exceptions for making works accessible to the blind and disabled, including fair dealing and compulsory licensing provisions. These enable permitted adaptations and…
Patent Trolls – Lesson No. 2
This article discusses how broad software patents, especially in cloud computing, make the sector vulnerable to patent trolls in India. The complexities of divided and joint infringement are…
Pidilite Industries vs. Vilas Nemichand Jain.
The Bombay High Court examined the requirements for passing off a descriptive trademark in Pidilite Industries vs Vilas Nemichand Jain. The Court held that plaintiffs must prove both…
The Indian Express case
The Bombay High Court held that using 'Indian Express' in a different script amounts to trademark infringement, protecting the mark’s well-known status. The judgment clarifies the interplay between…
Copyright Exceptions for Access to the Blind – Marrakesh Treaty
The Marrakesh Treaty introduces essential copyright exceptions to improve access to published works for the blind and visually impaired. While limited in scope, it represents a notable advancement…
Draft Trademark (Amendment) Rules, 2015: Yay or Nay?
The Draft Trademark (Amendment) Rules, 2015 propose major changes to Indian trademark law, including increased filing fees and fewer application forms. While the streamlined process is welcome, expanded…
Digital License Agreement -Part II
This article examines crucial clauses in a digital license agreement for creative works in India, focusing on representations, term, termination, and intellectual property rights. It provides guidance on…
Doctrine of Merger and Copyright Law
The doctrine of merger prevents copyright protection when an idea and its expression are indistinguishable. Courts in India and abroad apply this principle to maintain the balance between…
Statutory License for Cover Versions under the Copyright (Amendment) Act
This analysis examines statutory licensing for cover versions under Section 31C of the Indian Copyright Act. It discusses the legal framework, procedural requirements, and royalty obligations for creating…
The Diary of Anne Frank or Otto Frank?
This article discusses the legal debate over the copyright status of Anne Frank's diary and the Anne Frank Foundation's attempt to extend its protection by naming Otto Frank…
Thou can copy, oh Google. Tis legal!
The US Court of Appeals has ruled that Google’s digitisation of books for the Google Books service is a fair use under copyright law. The judgment clarifies the…