Editorial Staff
Version Recordings and Indian legislation
Version Recordings as defined by Justice Mukul Mudgal are such sound recordings which being inspired by the original melody, are a distinct interpretation in presentation, rhythm and orchestral arrangement. In India, a nation that flourishes with Bollywood motion pictures as well as music, the…
No statutory protection for famous marks in terms of domain names
In the present era of widespread use of internet and domain names, the Bombay High Court recently pronounced a crucial judgement in the case of Raymond Ltd vs. Raymond Pharmaceutical Pvt Ltd, wherein it quoted: “The overall scheme of the Trade-marks Act does not provide for any statutory protection…
The Intellectual Property Games – RIO 2016
The Olympics Games Rio 2016 officially concluded over a week ago yet the controversies it propagated are still in action. The US Olympic Committee claimed that non-sponsors could not tweet about the Olympic Games in Rio and in furtherance sent warning letters to numerous businesses tweeting with…
Recent developments at the Indian Trademarks Office and the road ahead
“Change is the only constant” and mid-way through 2016, we have witnessed some drastic changes brought about in the IP management and regime in India, starting with the bulk abandonment of 1,66,771 trademark applications in March 2016, to the stay order by the Delhi High Court, to the default…
Recognition of Performers' Rights by the Indian Courts
The Copyright Act, 1957 was amended and came into effect on June 21, 2012. One of the major amendments that it brought along with it is with respect to Performers' right in India. Chapter VIII of the Copyright (Amendment) Act, 2012 is now in consonance with Article 14 of the TRIPS agreement as well…
Software and Indian Patent Law, a good combination?
Intellectual property is known to be a fundamental pillar for the innovation of technology. Indeed, by granting protection to inventions, this law enhances investments in research and contributes to the increase of innovation. Nowadays, it must be noticed that innovation is not only in the…
Happy or Un-Happy Birthday – copyright over a famous song!
Songs form the corner stone of the music industry. Section 17 of the Indian Copyright Act, 1957 states that the author (composer and the lyricist in case of a song) is the first owner of the copyright. No one has the right to exploit a song unless the author of the song authorizes him/her to do so.…
Getting back your .com domain name through UDRP
In the present ever-evolving internet age, domain names have become an indispensable part of any business entity. Just as trademarks symbolize the brand name of a business or a product, domain names identifies or locates a business or a brand through the virtual world. With domains like iCloud.com…
Choose between India and France before creating your work !
If trademark laws are nearly similar in India and France, laws to protect a work in these countries are conversely very different. Designated as Copyright law in India and as Author’s Right in France, the two regimes endeavour, nonetheless, to answer to the same imperatives. The origin of this…
Indian Trademarks Office initiates E-Registration Certificates
The Indian Trademarks Office (TMO) today issued a pragmatic public notice regarding the automation of the entire process of generation and issuance of registration certificates. The notice states that from August 01, 2016 the entire process of generation and dispatch of registration certificates…