Intellepedia | Page 263 of 300

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.

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 legal landscape.

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 and content protection. The guidance aims to help businesses maximise social media benefits while mitigating legal exposure.

Here’s how to file a Patent application in India

This article examines the forms and procedural requirements for filing a patent application in India. It offers a structured guide to the process, emphasising legal compliance and accuracy in submissions.

Can Patents Be Extensible Beyond 20 Years?

This article explores whether patents may be extended beyond 20 years, focusing on the USPTO’s Patent Term Adjustment provisions. It outlines how certain delays can lengthen the effective monopoly period and discusses key legal requirements.