Intellectual Property | Intellepedia

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 analysed with reference to recent legal developments.

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 prior use and secondary meaning, dismissing the claim for lack of sufficient evidence.

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 trademark rights and newspaper title registration in India.

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 for accessible literature and copyright law in India.

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 discretionary powers for the Registrar may lead to concerns regarding well-known trademark recognition.

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 standard contract provisions and legal execution practices.

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 creative rights and public access to ideas.

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 cover versions in India.

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 as co-author. It evaluates the legal, ethical, and practical implications of this move within the context of European copyright law.

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 scope of transformative use and strengthens the framework for balancing public interest with authors’ rights.