Intellectual Property | Intellepedia

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 ongoing debate over the balance between innovation and consumer interests.

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 on the realities of the IP profession and its current social perception.

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 their impact on the rights of underlying authors in films and sound recordings.

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 creation methods under the Indian legal framework.

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, analytical perspective on the subject.

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 from patentable subject matter in India, aligning with recent draft guidelines.

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 public interest and freedom of expression.

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 of obviousness and inventive step under Indian patent law, emphasizing the importance of prior art disclosure.

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 might be accepted.

“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 severity of its detention provisions.