Intellectual Property | Intellepedia

US-ITC versus Clear

The Federal Circuit clarified that the US ITC lacks jurisdiction over digital data imports in patent cases, restricting its authority to material articles only. This decision impacts how digital transmissions are treated under section 337 of the Tariff Act.

Infringement Analysis of SEPs

The post analyses the infringement of standard essential patents, highlighting the role of claim charting and essentiality assessment. It provides a legal perspective on SEP infringement in Indian technology sectors.

Patent trolls – Lesson No. 1

The article examines patent trolls and their impact on the patent landscape in the US and India. It analyses the difference in litigation practices and the effect of compulsory licensing on curbing trolling activities, especially in the software sector.

Social Media and IP (Part VIII): Select Patent Cases

This post discusses key patent litigations involving Facebook, Yahoo, and Rembrandt in the social media domain. It provides an objective analysis of legal claims, settlements, and judicial decisions relevant to intellectual property in this sector.

Trademark Infringement on E-Commerce platforms: Google AdWord case

The Rosetta Stone v. Google case explores trademark infringement in the context of Google AdWords and e-commerce platforms. The legal proceedings underscore how courts assess consumer confusion and the functional use of trademarks in online advertising.

Technological Protection Measures

Sections 65A and 65B of the Copyright Act, 1957 introduce technological protection measures and rights management safeguards in Indian law. These provisions aim to combat digital copyright infringement and strengthen the rights of copyright owners in the digital era.

Trademark Infringement on Ecommerce Platforms- Royal Enfield v. ebay.in

The Royal Enfield v. ebay.in case addresses trademark infringement on ecommerce platforms in India. The Delhi High Court issued an interim injunction, reinforcing the rights of trademark owners against unauthorised use online.

Multi Time Machine, Inc. v. Amazon

This article analyses Multi Time Machine, Inc. v. Amazon, a case addressing trademark infringement claims arising from keyword advertising on online platforms. The discussion focuses on the likelihood of confusion in digital marketplaces and the legal complexities involved.

Social Media and IP : Part VII – Trade Mark Cases

The post reviews landmark cases where social media and trademark law intersect, including disputes involving Pinterest, AvePoint, and Ferrari. It provides an objective analysis of court findings on infringement, fair use, and legal outcomes.

Indian Copyright Law and Fair dealing

This article analyses the concept of fair dealing under Indian copyright law, as set out in Section 52 of the Copyright Act, 1957. It examines the differences between Indian fair dealing and US fair use, with reference to recent legislative amendments.