Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

Goa, with its stunning beaches and lively festivities, has always been a popular destination for weddings and social events. However, a recent circular from the Goa government has stirred up a legal battle regarding copyright laws. This circular aimed to exempt wedding ceremonies and related festivities from the need to secure copyright permissions for musical works, citing the need to support local economic and tourism activities. But, as expected, this move has faced strong backlash from…

In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved in the trends industry. A significant aspect of this trend is the rise of song remixes, which, now accessible to anyone, have also led to an increase in IP infringement issues – particularly copyright…

The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel Fox,” alleging its similarity to Coaster Shoes' own registered mark, TRAVEL FOX. Despite filing the notice of opposition and following due process, the petitioner claimed that the counter statement from the respondent was never served on them, though a copy of the same was uploaded on the website of the Registrar of Trade Marks.

The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company's name was changed following a certificate of incorporation issued by the Ministry of Corporate Affairs on January 31, 2024. The name change application was not acted upon by the Trade Marks Registry, prompting the petitioner to…

The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws among others, primarily aims to decriminalise the provisions – aiming to shift from punitive measures like imprisonment to more lenient penalties such as fines and pecuniary penalties.

Recently, a troubling trend has emerged where scammers are impersonating reputable law firms, pretending to be partners or representatives to defraud individuals and businesses. Their modus operandi involves targeting people with fake "legal notices" sent from email addresses that closely resemble legitimate ones, or through WhatsApp accounts using photos of the firm's partners as display pictures. By employing these deceptive tactics, they falsely accuse individuals or businesses of violating…

In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid Protocol streamlines this process. The Madrid Protocol is an international trademark system that enables a trademark to be protected in several countries with a single application. As of date, a trademark…

The Indian patent landscape has seen a significant shift with the recent amendments to the Patents Rules. As of March 15, 2024, the Patents Amendment Rules, 2024 have introduced a crucial change: patent owners now need to file working statements (Form 27) every three financial years instead of annually. This adjustment is a welcome relief for many patent holders who previously had to submit detailed reports on the working of their patents every year.

The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality of orders and decisions made by the Trade Marks Registry over the past two years. What started as a quick fix to address the long-standing staff shortage at the CGPDTM has now turned into a full-blown…

In a recent judgment in the case of Arijit Singh v. Codible Ventures LLP and Others, the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. Personality rights, which holds the protection of an individual's identity, privacy, and dignity, are foundational to safeguarding personal independence in both physical and digital worlds. The boundaries of these rights are being pushed in new ways as AI systems now have the ability to create believable…