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 achieves a balance between incentivising creators and ensuring public access, with a focus on economic and legal perspectives.
Read more about The need for copyright protection: Number of works created as a function of copyright protectionTag: Legal Analysis
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 mitigate IP risks, suggesting that business factors drive in-sourcing decisions.
Read more about Outsourcing, In-Sourcing and Intellectual PropertyTrademarking 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 religious names in trademark law.
Read more about Trademarking the name of God? Huh! – Part 2Part 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.
Read more about Part I: Descriptive Marks – Can They be Protected?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.
Read more about The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010Intellectual 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.
Read more about Intellectual Property Protection for Computer Programs – Part IIdea 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.
Read more about Idea Expression DichotomyTrans-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.
Read more about Trans-border Reputation of Well Known Marks – Part IVIs 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.
Read more about Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?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.
Read more about Patentability of Laws of Nature