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…
Intellectual Property
3,134 articles
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…
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…
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…
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…
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…
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…
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…
Machinima – Copyright and Related Issues – Part II
This post discusses copyright concerns in machinima, addressing fair use, EULA limitations, and risks of commercial exploitation. It recommends careful adherence to developer guidelines due to the uncertain…
Social Media and IP : Part XI – Best Practices for Businesses
This article outlines key best practices for Indian businesses to manage intellectual property and legal risks on social media. It covers policy development, compliance, and strategies for brand…