india | Intellepedia

Prosecution History Estoppel

The doctrine of prosecution history estoppel shapes how patent claims are interpreted following amendments made during prosecution. This analysis covers its application in India, focusing on the challenges it presents for patentees and practitioners.

Pidilite 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.

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.

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 Intellectual Property (IP): Part V – Publicity Rights and Celebrity Rights

This post explores publicity rights and celebrity rights in the context of social media in India. It highlights prevalent legal risks, notable cases, and provides businesses with clear strategies to manage compliance and avoid infringement.

Social Media and Intellectual Property (IP): Part III – Aggregation of Content

The post provides an analytical overview of content aggregation on social media with respect to intellectual property rights. It highlights legal risks, platform policies, and best practices for aggregators, focusing on the unsettled legal landscape in India.

Social Media and Intellectual Property (IP): Part I- Protection and Ownership

The post explores intellectual property protection and ownership on social media, analysing how legal principles apply to content created online. It provides insights into copyright, trademark, and patent protection for social media activities, with a focus on the Indian legal framework.

Design Infringement in the Automobile Industry

This article explores key judicial decisions on design infringement in the automobile industry, focusing on registration, novelty, and the limits of design protection. It objectively analyses how courts interpret design validity and infringement, offering clarity on industrial design law in India.

Apple’s Smart Ring could be on the horizon

Apple has patented a smart ring device equipped with touchscreen, voice control, and biometric sensors, aiming to expand its wearable technology portfolio. The device, if commercialized, could enable users to interact seamlessly with paired devices and facilitate secure transactions and health monitoring.

Intellectual Property (IP) in India: A Decade of Progress Part 15

This post discusses notable registered designs in India’s food, vehicle, and watch sectors, outlining their classification under industrial design law. It provides an objective overview of legal protection for these designs, focusing on practical examples and statutory distinctions.