Legal Analysis | Intellepedia

Part I: Descriptive Marks – Can They be Protected?

This post discusses the eligibility of descriptive marks for trademark protection under Indian law. It explores statutory requirements and outlines the broader legal context, setting the stage for a comparative analysis with other jurisdictions.

The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

This post evaluates the legal and practical impact of parallel import of copyright in India, focusing on the proposed changes under the Copyright Amendment Bill 2010. It critically assesses the interests of publishers, authors, and consumers within the Indian legal framework.

Intellectual Property Protection for Computer Programs – Part I

This post explores the legal complexities of protecting computer programs under intellectual property law, particularly copyright and patent regimes. It outlines the challenges and the urgent need for a more practical legal mechanism in India.

Idea Expression Dichotomy

This post discusses the legal concept of idea expression dichotomy, highlighting how copyright distinguishes between ideas and their unique expression. It offers an analytical overview of the evolution of literary ownership and the criteria for copyright infringement under Indian law.

Trans-border Reputation of Well Known Marks – Part IV

The post provides an analytical overview of transborder reputation for trademarks in India, discussing legal requirements and court approaches. It highlights the evidentiary standards foreign entities must meet to establish reputation and enforce rights against Indian businesses.

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

The post analyses the legal question of whether reporting leaked and copyright-protected material constitutes contributory copyright infringement. Through the lens of the Tarantino v Gawker case, it discusses judicial reasoning and the fair use defence in such reporting scenarios.

Patentability of Laws of Nature

This post analyses the Mayo v Prometheus case and its impact on the patentability of laws of nature in the US. It explains the judicial reasoning that established the requirement of an innovative step beyond the mere application of natural laws for patent eligibility.

Batmobile – Supercar or Character?

The Batmobile copyright case explores whether this iconic vehicle is protectable as a character under US law. The dispute between DC Comics and Mark Towle highlights the intersection of copyright protection and utilitarian design in intellectual property law.

Non-Obviousness and the Trilogy

This post examines the Supreme Court’s non-obviousness trilogy and its interpretation of Section 103 in US patent law. Key concepts such as prior art and the standard of ordinary skill are analysed, with a focus on legal clarity and accuracy.

Can there be a Patent for a Method of Patent Trolling?

This post explores whether patent trolling itself can be patented, focusing on a recent USPTO application. It provides a structured legal analysis of the patentability of business methods and the implications for intellectual property law.