Editorial Staff

Decoding the mystery of copyright ownership, source code and software in India

As a software developer, there are a lot of things that need to be taken into consideration at the time of negotiation with the person engaging you to develop the software. It is very crucial to read the agreements that you might sign. On the other hand, as a person engaging a third party to…


Good Earth sues India Circus for passing-off their designs

The Delhi High Court recently granted an injunction against India Circus on a suit filed by Good Earth for passing-off of their designs, particularly for motifs, logos, patterns of Serai, Periyar, Vrindavan, Lotus, Bali Mynah, Rose Princess and Falcon on products. The Court has discussed…


Introduction to protection of copyright in India

Protection for literary, artistic, dramatic, cinematographic works, and sound recordings are possible by registration with the Copyright Office in India by filing an application online or with the Copyright Office in Delhi. Although protection for any of the copyright protected works exist from the…


Introduction to protection of designs in India

Protection for the aesthetic appeal of a product can be obtained by registering a design with the Designs Office in India by filing an application online or with one of the IP Offices in Mumbai, Chennai, Kolkata or New Delhi. After filing, all subsequent proceedings are conducted by the Designs…


Introduction to patent protection in India

Patent protection in India can be obtained by filing an application online or by paper at the patent offices in Mumbai, Chennai, Kolkata or New Delhi. A patent application in India can be filed as an ordinary national application complying with the requirements as provided under the Patents Act,…


Introduction to domain dispute resolution in India

All domain registrations and disputes relating to .in domains are regulated by the .IN Registry. .IN registry is a part of the Nation Internet Exchange of India (NIXI) which is a not-for-profit organisation facilitating exchange of domestic Internet traffic. IN Domain Name Dispute Resolution Policy…


Section 3(d) of the Indian Patent Act – Taking a blow at the WTO?

Section 3(d) of the Indian Patent Act, 1970 has been under the gun ever since it was introduced to the Act through an amendment in 2005. Foreign pharmaceutical companies have time and again failed to establish that the letter of this provision violates the TRIPS, and have, recently, in an…


Video games and trademarks – Play it right!

In my previous article, I’d written about how different aspects of the video game (story line, source code, characters, background music, screen shots, packaging) can be protected under the laws of copyright. In addition to this, there are different aspects of the trademark law that a game…


Copyrights myths and facts

I realised how there are so many myths that exist in the minds of people around us when I recently got into an argument with one of the people at my gym about music and licensing. So to give a little bit of a background, the lawyer in me urges me to go ask the shop owner/restaurant owner or any…


Domain names and trademarks - What happens when there's a dispute?

Nowadays, the Internet has become the most popular medium for commercial organisations to promote themselves. This is because the internet has no boundaries or closing hours. Every person who wishes to use the internet as a medium needs a domain name. A domain name is nothing but a network address…