Intellectual Property | Intellepedia

Intellectual Property Protection for Computer Programs – Part II

This post explores the early use of trade secret law for protecting computer programs in India and its limitations. It discusses how legal and technological developments eventually necessitated a shift towards copyright protection.

OSS License Compliance – Source Code Not Enough

Complying with OSS licenses involves more than sharing source code. Legal obligations under licences like the GPL include terms on DRM, attribution, and usage restrictions. This post discusses Apple’s VLC case and stresses the importance of full compliance by OSS users.

Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

The Anil Gupta v. Kunal Dasgupta case sets a precedent on idea protection and breach of confidence in Indian entertainment law. It clarifies that detailed concepts, rather than mere ideas, may receive copyright protection and legal remedies when misused.

Relevance of IP to Business

Intellectual property serves as a strategic tool for Indian businesses when integrated thoughtfully into their overall plans. This article provides a stepwise approach to recognising and utilising IP, while highlighting that its true value depends on the company’s context and goals.

Basic IP Practices for SMEs

This article discusses the basic intellectual property practices every SME should adopt to maximise business potential. It stresses the importance of IP awareness and provides useful resources for Indian SMEs. The next edition will address integrating IP protection with business strategy.

Trademarking the Name of God? – Part 1

This post explores the legal issues around trademarking the name of God in India. It analyses the Trade Marks Act, 1999 and discusses the implications for religious symbols and public domain names.

Strategy to Patent Jamun

This article explores the strategy behind patenting Jamun-based ayurvedic compositions under Indian law. It critically assesses traditional knowledge exclusions and the requirements for novelty in patent claims.

They Are All Honourable Men

The post examines gaps in IP management practices among Indian professionals, noting that most have specialized but fragmented knowledge. It urges a shift towards integrated IP strategies aligned with business goals.

Harmonious Construction Can Ignore the Term Clause

This post discusses a Delhi High Court case on copyright infringement involving film music rights and the principle of harmonious construction in contract law. The Court’s decision highlights the importance of interpreting agreements in their entirety when resolving intellectual property disputes.

Part III: Descriptive Marks

This post discusses the circumstances under which descriptive trademarks can be protected in the EU, focusing on acquired distinctiveness and fair use provisions. It provides an analytical comparison with Indian and EU trademark law and sets the stage for the concluding discussion on Indian law.