Intellepedia | Page 188 of 311

Reasonable Measures for Secrecy

Reasonable measures are crucial for trade secret protection under Indian law. This post objectively analyses legal requirements, including confidentiality agreements, security protocols, and the role of industry norms. Reliance on practices alone is cautioned against.

Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

The case examines legal consequences of software copyright and trademark infringement in India, focusing on Autodesk and Microsoft’s claims against M & S Consultancy. The court’s decision reinforces the importance of enforcing intellectual property rights and awarding punitive damages to deter piracy.

Intermediaries, Marketplaces and Take Down Actions

This post examines the challenges of intermediary liability and takedown actions in India, focusing on copyright enforcement in online marketplaces. It provides a legal and practical perspective on the effectiveness and pitfalls of the takedown process.

SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

The Delhi High Court restrained Neologik India from using pirated SAP software and awarded punitive damages for copyright infringement. This decision highlights the judiciary’s strict approach to commercial software piracy and the significance of punitive damages in such cases.

Matrubhumi Printing and Publishing Ltd v. IPRS

The Kerala High Court clarified that producers, not composers, own the copyright in sound recordings used in films, unless a contract states otherwise. Matrubhumi and Malayalam Manorama were found not to infringe composer or lyricist rights by broadcasting such recordings on FM radio.

Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

The Delhi High Court addressed copyright assignment and royalty issues in the Sholay ringtone case involving Vodafone. The Court denied an injunction but established conditions to protect the copyright holders’ interests. This judgement clarifies digital media exploitation and royalty rights under Indian copyright law.

Solid 21 Inc in Legal Battle, Kamala Harris Trademark, Bonjour Collaborates with Hush Puppies and Other News

This post provides Indian trademark statistics, highlights major legal developments like the Whatman and Solid 21 Inc cases, and covers new brand collaborations and GI filings. It also offers a practical tip on contesting unused trademarks.

Patent Suit over Viagra

Pfizer has sued Watson Laboratories to delay generic Viagra, leveraging the Hatch-Waxman Act and its patents. This case examines Pfizer’s legal strategy and the implications for generic competition in the pharmaceutical market.

Trademark Registration: Prima Facie Evidence of Validity?

The Delhi High Court has held that trademark registration does not automatically serve as prima facie evidence of validity. This decision, particularly impacting descriptive marks, invites scrutiny of Section 31 of the Trademarks Act 1999 and its practical effects.

Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011

The PROTECT IP Act of 2011 seeks to enhance US legal action against online intellectual property infringement and domain-related offences. While broadening enforcement scope, the Act has faced criticisms regarding due process and the potential for misuse in controlling internet content.