Author: Dr. Kalyan Kankanala

Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007. The views expressed here are his own and do not represent those of BananaIP Counsels or its members.

Authors, Copyright and Royalty Share : The Calcutta High Court gives clarity

The Calcutta High Court has clarified the scope of authors’ royalty rights under Indian copyright law, affirming protections introduced by the 2012 amendment. The judgment ensures that authors of literary and musical works receive royalties, irrespective of copyright ownership transfers or the date of creation.

Kannada Lyricist Hamsalekha Wins Copyright Case Against Saavn

The Karnataka High Court ruled in favour of Hamsalekha, confirming that authors retain moral rights and the ability to seek name credit, even after assigning rights to IPRS. The Court clarified that such disputes are not necessarily commercial in nature under Indian copyright law.

Ad Agency sues Jindal Steels for Copyright Infringement

Wieden Kennedy sued Jindal Steel for copyright infringement over an advertisement, leading to a Delhi High Court order for arbitration and a monetary deposit. The Court declined an interim injunction, citing balance of convenience and contractual arbitration provisions.

Exacting Standards for Pharma Trademarks and their Dominant Parts

The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.

SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

This post discusses the Delhi High Court’s approach to awarding actual costs in the Ericsson v Lava standard essential patent litigation. It outlines the legal principles applied and analyses the Court’s reasoning, focusing on party conduct and litigation strategy in determining cost awards.

Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3

This post discusses patent hold up, royalty stacking, and hold out in the context of the Ericsson v Lava dispute. The analysis highlights the Court’s reliance on evidence while addressing FRAND licensing arguments and SEP enforcement in India.

Court orders Meesho to display Seller Information and comply with Ecommerce Rules

The Delhi High Court has ordered Meesho to display full seller information and comply with ecommerce regulations following a copyright dispute. This decision highlights the responsibility of e-commerce platforms to protect intellectual property and ensure transparency for consumers.

Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering applicant submissions and proper reasoning in refusal orders.

The IP Profession: An Ideal Career Path for Persons with Disabilities in India

The IP profession in India presents a promising and accessible career for persons with disabilities. With inclusive guidelines and flexible work options, individuals from diverse backgrounds can excel in this field.

Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

The Madras High Court has delivered important rulings on patent claim amendments, exclusions, and rejection protocols under Indian law. These decisions clarify key patentability standards and reinforce the necessity for precise drafting and strategic approach by patent professionals.