Intellectual Property | Intellepedia

Copyright Assignment & Licenses – Part II

This article discusses critical legal requirements for copyright assignments and licenses in India under Section 19 of the Copyright Act, 1957. It also analyses the 2012 amendments and their impact on the rights of underlying authors in films and sound recordings.

Wacky Patents 4 – Mode-Enhanced Hindustani Music

This post analyses the Mode-Enhanced Hindustani Music patent and its proposal to expand the Thaat system using mathematical methods. It raises crucial questions about the patentability of musical creation methods under the Indian legal framework.

Flavour Marks – Can They Become a Reality?

This post analyses whether flavour marks can be registered as trademarks under Indian and international law. It objectively examines legal hurdles and recent case law, providing a structured, analytical perspective on the subject.

Personality Rights in India – Part II

This post examines personality rights in India, particularly the protection of publicity rights and relevant legal provisions. It highlights key judicial decisions and discusses the exceptions for legitimate public interest and freedom of expression.

Domain Names, Email or Private Communication as Proof of Trademark Use

This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence might be accepted.

Intellectual Property Protection for Computer Programs – Part IV

This post explores software patent protection in India, comparing it to copyright law and analysing the legal complexities involved. It provides an objective assessment of the scope, benefits, and limitations of patent law in safeguarding computer programs.

Father of the Electronic Idiot Box

This post examines Philo Farnsworth’s foundational contributions to electronic television, exploring his patent achievements and the resulting legal battles. It analyses the significance of his work in shaping contemporary television technology.

Dr. Jonas Salk – The True Humanitarian

Dr. Jonas Salk developed the polio vaccine and chose not to seek a patent, enabling worldwide access and saving millions of lives. His humanitarian approach set a precedent in medical innovation and public health.

Exclusive Marketing Rights and Stronger Patent Regime

This post examines India’s transition to a TRIPS-compliant patent regime, focusing on Exclusive Marketing Rights and the Mailbox Provision. It outlines legislative changes that facilitated the shift from process to product patents and clarifies the distinct role of EMRs during this period.

Too much Success is Not Always Good: A Look at Genericization of Trademarks

The article explores how excessive success of a trademark can lead to its genericization, undermining its legal protection. It analyses Indian and international legal frameworks and provides notable examples to illustrate the risks for brand owners.