The Indian Copyright Act provides specific exceptions for making works accessible to the blind and disabled, including fair dealing and compulsory licensing provisions. These enable permitted adaptations and distributions of works in accessible formats, ensuring greater inclusion while maintaining important legal safeguards.
Read more about Exceptions for Access to the BlindPatent 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.
Read more about Patent Trolls – Lesson No. 2Pidilite 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.
Read more about Pidilite Industries vs. Vilas Nemichand Jain.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.
Read more about The Indian Express caseCopyright 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.
Read more about Copyright Exceptions for Access to the Blind – Marrakesh TreatyDraft 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.
Read more about Draft Trademark (Amendment) Rules, 2015: Yay or Nay?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.
Read more about Digital License Agreement -Part IIDoctrine 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.
Read more about Doctrine of Merger and Copyright LawStatutory 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.
Read more about Statutory License for Cover Versions under the Copyright (Amendment) ActThe 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.
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