Intellectual property law

Tribunals Reforms Ordinance 2021 and changes to the Geographical Indications Act, 1999

The Tribunals Reforms Ordinance 2021 abolishes multiple tribunals, including those under the Geographical Indications Act, and reallocates their jurisdiction to High Courts and Registrars. Key statutory amendments affect the processes for appeals, rectification, and related legal proceedings involving geographical indications in India.

President promulgates Tribunals reforms Ordinance, IPAB goes defunct with immediate effect

The Tribunals Reforms Ordinance 2021 has made the IPAB and several other tribunals defunct, transferring their powers to the High Courts and Commercial Courts. This post provides a brief overview of the key statutory amendments affecting intellectual property laws in India.

The Shamnad Basheer Essay Writing Competition

The Shamnad Basheer Essay Writing Competition recognises Prof. Basheer’s impact on Indian IP law and legal education. Various scholarships and fellowships have been instituted in his name to support aspiring legal professionals.

Yoga Sequence is not Dance Choreography for Copyright Protection

The post discusses why yoga sequences, even if arranged creatively, are not eligible for copyright protection as dance choreography under US law. It explains the legal reasoning behind court decisions and the distinction between practical methods and artistic works.

One more way to speedy patents in India approved, EPO launches revamped Espacenet and other patent news

The Union Cabinet’s approval of the Patent Prosecution Highway with Japan marks a notable step for faster patents in India, especially for startups and MSMEs. Additional highlights include EPO’s launch of the new Espacenet search tool, WIPO’s publication of leading IP judgments, and key Indian Patent Office updates.

Relevance of Intellectual Property Rights (IPR)

This article examines the legal and practical relevance of Intellectual Property Rights in India. It discusses how IPR protects innovation and creativity while fostering economic and societal growth through structured legal mechanisms.

Threatened Co-existence of Breeders Rights and Patent Rights

This post analyses the threatened co-existence of breeders rights and patent rights in plant innovation law. It discusses the lack of breeders exemption in patent law and the resulting challenges for researchers and breeders. Legal and practical solutions are evaluated within the Indian and international context.

Super Cassettes Industries v. Myspace Inc and Anr.

The Delhi High Court in Super Cassettes Industries v. Myspace addressed intermediary liability for copyright infringement under Indian law. The court held that internet platforms may be liable for infringing content, especially after receiving notice from the copyright owner.

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.

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.