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.

Draft E-Commerce Policy Has a Long Way To Go

This post examines the Draft National E-Commerce Policy, focusing on its treatment of data protection, marketplace regulation, and compliance issues. It argues for clearer, more comprehensive legal standards to foster growth and protect stakeholders in India’s evolving e-commerce landscape.

Hiding in Plain Sight: Is Spotify in the ‘Business of Issuing or Granting Licenses’?

This analysis examines Spotify’s licensing arrangements in India in light of Section 33 of the Copyright Act 1957. It explores whether Spotify’s business model aligns with the Act’s requirements and addresses unresolved legal questions.

Your Story! So What? – Books, Similarity and Copyright Infringement – Copyrights and Writers Part 11

The post explores when copying elements from books constitutes copyright infringement under Indian law. It clarifies the difference between ideas and expressions and outlines how substantial similarity is assessed. Writers are guided on how to avoid infringement while drawing from common themes.

Reading Between The Lines- Book Publishing Contracts: Copyrights and Writers Part 9

The article provides an analytical review of book publishing contracts, emphasising copyright ownership, royalty structures, and negotiation strategies for Indian writers. It offers practical insights for authors to safeguard their rights and ensure fair terms in publishing agreements.

Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

The National eCommerce Policy Draft sets out key proposals for regulating Indian eCommerce marketplaces. It addresses FDI, data protection, IP enforcement, and consumer protection, aiming to create a fair and growth-oriented digital marketplace.

Kindle eBooks, Amazon and Business of Licensing: Section 33 Non-Compliance?

The post analyses Amazon’s eBook licensing practices in India, arguing that they contravene Section 33 of the Copyright Act by effectively running a licensing business without registration as a copyright society. The discussion highlights the impact on author rights, regulatory oversight, and the broader implications for Indian copyright law.

Audit for IP Systems to Derive Business Value

This post explores how IP audits help Indian companies develop systems that extract maximum business value from intellectual property. It outlines practical steps for policy creation and emphasises aligning IP management with overall business objectives.

What is your IP worth? Improving Revenues and Financial Value of a Company

Intellectual property is a key driver of company value and revenue growth, especially for research-driven organisations. This post discusses the importance of IP audits in India, outlining their objectives and benefits for maximising business and competitive advantage.

Are Rajinikanth’s Methods Patentable?

This post analyses whether Rajinikanth’s unique methods could be patented under Indian law. It discusses process patentability, statutory exclusions, and the mental steps doctrine in an objective, legal-academic manner.

Reasonable Measures for Secrecy

Reasonable measures are crucial for trade secret protection under Indian law. This post objectively analyses legal requirements, including confidentiality agreements, security protocols, and the role of industry norms. Reliance on practices alone is cautioned against.