Overlapping IP Protection: Call for Caution
Overlapping IP protection has become common, leading to both expanded rights for owners and reduced benefits for the public. This post analyses the Indian legal framework and calls…
Legal Analysis
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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…
Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011
The PROTECT IP Act of 2011 seeks to enhance US legal action against online intellectual property infringement and domain-related offences. While broadening enforcement scope, the Act has faced…
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…
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…
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…
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…
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,…
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 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…