Legal Analysis | Intellepedia

Trademark and Copyright Statistics in India: Recap 2018

This post reviews trademark and copyright statistics in India for 2018, highlighting trends in filings, registrations, and judicial orders. It provides a comparative analysis with 2017, offering insights into the Indian intellectual property environment.

Copyright Infringement: Bharat Law House vs. Wadhwa

In Bharat Law House vs. Wadhwa, the Supreme Court examined whether enlarging a law book by an assignee amounts to copyright infringement. The Court held that such enlargement was within the assigned rights and vacated the injunction against the defendants.

Scope of Government Use Exemption in India

The Delhi High Court clarified that government use exemption under Section 47 of the Patents Act includes manufacture by private parties on behalf of the government. This analysis explores the legal interpretation and its implications for patent infringement cases involving government contracts in India.

Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

The Delhi High Court vacated an ex-parte injunction in a patent infringement matter, emphasising the plaintiff’s failure to establish a prima-facie case. The judgment highlights the importance of proving inventive steps and the limits of patent rights in India.

Can use of an invention in a movie infringe a patent?

This article discusses the conditions under which using a patented invention in a movie may constitute patent infringement under Indian law. It differentiates between actual use and depiction, and addresses the exhaustion of rights.

R.G. Anand vs. Delux Films and Ors., AIR 1978 SC 1613

The R.G. Anand vs. Delux Films case clarified that Indian copyright law protects expression, not mere ideas. The Supreme Court found no substantial similarity between the play and the film, setting an important precedent on copyright infringement.

THE CONSENSUAL IS NO LONGER CRIMINAL

The Supreme Court’s 2018 verdict striking down parts of Section 377 IPC marked a pivotal moment for LGBT rights and privacy law in India. This article examines the judgment’s impact on constitutional rights, legal reasoning, and the evolution of Indian law regarding consensual adult relationships.

SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

This post examines the data localization mandates and exemptions under the Personal Data Protection Bill, 2018. It provides a structured legal analysis of data transfer provisions and the various exemptions applicable to specific entities and activities.

Padmavati and Film Censorship: Fiction is Fact; Fact is Fiction!

The Padmavati controversy brings to light complex issues in film censorship and the certification process in India. This post provides a legal perspective on the balance between creative freedom, historical interpretation, and public sentiment.

Copyrights and Jokes: Father Went to Church: ha ha ha

This article provides a structured analysis of how Indian copyright law applies to jokes, covering originality, infringement, and fair dealing. It offers practical insights for creators and users regarding the legal limits and protections for jokes.