Intellectual Property | Intellepedia

Elvis Presley International Memorial Foundation v. Crowell – Right of Publicity is Descendible

This post examines the landmark decision affirming the descendibility of Elvis Presley’s right of publicity. It highlights how the court recognised the estate’s authority to control and exploit his name and image posthumously.

‘Darjeeling’ is Not Owned by Tea Board

The Calcutta High Court ruled that Geographical Indication registration for Darjeeling Tea does not give the Tea Board exclusive rights over the term Darjeeling in other contexts. This post examines the legal reasoning and its implications for intellectual property rights in India.

Confidential Information: Basic Clauses in a Non-Disclosure Agreement

The post analyses the essential clauses of a non-disclosure agreement, focusing on definitions, confidentiality, and termination. It highlights the importance of clarity and structure in drafting effective NDAs for protecting confidential information.

Are Rajinikanth’s Methods Patentable?

This post analyses whether Rajinikanth’s unique methods could be patented under Indian law. It discusses process patentability, statutory exclusions, and the mental steps doctrine in an objective, legal-academic manner.

Reasonable Measures for Secrecy

Reasonable measures are crucial for trade secret protection under Indian law. This post objectively analyses legal requirements, including confidentiality agreements, security protocols, and the role of industry norms. Reliance on practices alone is cautioned against.

Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

The Delhi High Court addressed copyright assignment and royalty issues in the Sholay ringtone case involving Vodafone. The Court denied an injunction but established conditions to protect the copyright holders’ interests. This judgement clarifies digital media exploitation and royalty rights under Indian copyright law.

Extracting IP Value

Intellectual property protection alone is no longer sufficient for Indian companies seeking competitive advantage. This analysis explores strategic IP management, including audits and commercialization, to maximize IP value. A comprehensive approach aligning with business goals is recommended.

Doctrine of unclean hands- Now a defense in trademark infringement!

The Bombay High Court has introduced the doctrine of unclean hands as a defense in trademark infringement matters. If the plaintiff’s mark imitates another, relief may be denied. This ruling reshapes litigation strategies in Indian trademark law.

Patenting Bowling Machines – We are not talking about Anil Kumble or McGrath

This post examines the patenting of bowling machines in cricket, focusing on their technological and legal aspects. It discusses key inventions and their impact on cricket practice.

A Pharmaceutical Perspective by Ms. Vinita Radhakrishnan

Ms. Vinita Radhakrishnan examines trade secrets and patents in the pharmaceutical sector, highlighting key IP strategies and industry trends. The analysis offers insights into current practices and future directions within pharma intellectual property.