2020 Trademark Statistics – A Recap
This recap analyses India’s 2020 trademark statistics, highlighting changes in filings, registrations, and hearings compared to 2019. The data reflects the pandemic’s impact on trademark processes in an…
Legal Analysis
70 articles
The need for copyright protection: Number of works created as a function of copyright protection
This article explores the need for copyright protection by assessing its impact on the creation and distribution of works. It provides an analytical overview of how copyright law…
Outsourcing, In-Sourcing and Intellectual Property
This article critically examines the motivations behind in-sourcing versus outsourcing IT operations, focusing on intellectual property implications in India. The analysis finds that legal and contractual safeguards generally…
Trademarking the name of God? Huh! – Part 2
This post examines key Indian court decisions on trademarking god's names, analysing issues of distinctiveness and monopoly. The discussion highlights why courts have restricted exclusive rights over common…
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…
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…
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…
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…
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…
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…