Editorial Staff
The Supreme Court Resolves the Section 15(2) of the Copyright Act, 1957 Conundrum: Insights from Cryogas Equipment Pvt. Ltd. v. Inox India Ltd.
The overlap between copyright protection under the Copyright Act, 1957 and design protection under the Designs Act, 2000 has long been one of the most debated issues in Indian intellectual property law. While copyright protects original artistic works, industrial designs are intended to be…
Vodafone Idea Ltd. v. IPRS: Calcutta High Court reaffirms the royalty rights of Authors of Literary and Musical Works
The enactment of Copyright amendment Act in 2012 is considered to be one of the major milestones in the Indian copyright regime, as it addressed one of the legal lacunae regarding the rights of lyricists and composers after their literary and musical works are incorporated into cinematograph films…
Delhi High Court clarifies: When both marks are proposed to be used, the first to file wins
Recently, the Delhi High Court in Parle Products Private Limited vs The Registrar of Trade Marks & Anr, C.A.(COMM.IPD-TM) 49/2025 reaffirmed a basic principle, i.e., in cases where marks are filed on a “proposed-to-be-used” basis, priority in application prevails over subsequent commercial……
The 7–Eleven “Big Bite” Dispute: Limits of Trans-Border Reputation
When it comes to trademark rights, a common assumption among global brands is that international fame and reputation automatically guarantee protection for their mark in every jurisdiction. However, the ruling of the Madras High Court in the dispute between 7–Eleven International LLC and Ravi Foods…
No Automatic Abandonment for Delay in Filing Evidence: Madras High Court Brings Clarity to Rules 45 & 46 of the Trade Marks Rules, 2017
Recently, the Madras High Court in the case of ACE Foods Private Limited vs The Registrar of Trade Marks & Anr (CMA(TM) No. 22 of 2025), dealt with the question of whether Rule 45 and 46 of the Trade Marks Rules, 2017 are ultra vires to the powers vested under the Trade Marks Act, 1999 and held…
Can trademark law be used to extend protection over product shapes after design rights expire? The Harpic bottle dispute raises important questions
Product packaging plays a crucial role in the consumer goods market where distinctive designs often become closely associated with a brand, such as the iconic Harpic bottle. To protect such features, companies commonly rely on design registrations, however, design protection is limited in duration…
Well-Known Trademarks Are Not Absolute: Key Takeaways from the Vicks Judgment
It is a well-settled principle of trademark law that marks declared or recognised as well-known by the Trade Marks Registry or Courts enjoy a higher degree of protection. However, trademark owners often operate under the assumption that such protection grants blanket exclusivity across all classes…
Recent DOI Trademark Notices in Nepal: What Applicants and Brand Owners Need to Know
Recent civil unrest in Nepal, coupled with a series of consecutive notices issued by the Department of Industry (DOI) regarding pending and registered trademarks has created uncertainty for trademark applicants and brand owners. Questions around applicable deadlines, documentation requirements and…
India’s Proposed Changes to Design Law: What You Should Know
India is considering major amendments to its design law under the Designs Act, 2000. These changes reflect India’s attempt to modernise its legal framework, address digital innovation, and align with international design systems. For applicants & IP lawyers, these reforms will directly impact…
DPIIT’s proposed One Nation – One License – One Payment policy: What does it mean for the content creators & Artists?
In view of recent AI developments and increasing concerns around the use of copyrighted works for AI training, the Department for Promotion of Industry and Internal Trade (DPIIT) formed a committee to examine how India’s copyright framework should respond. Accordingly, DPIIT recently released a…