Editorial Staff

Vulgar Trademarks - How comfortable would the Indian Trademark Registry have been with ‘Comfyballs’

Amidst the major IP disputes of the week, with Ericsson stopping Xiaomi over a patent dispute and the Supreme Court denying Bayer’s appeal against the compulsory license, there were quite a few articles on the USPTO’s rejection of a trademark application called “Comfyballs” to be associated with…


Protection for colours under the Trademark Law in India

All marketing techniques are aimed to capture the attention of the consumer and make an impact. A distinctive trademark with a catchy tag line and colour scheme is probably more likely to stay on the minds of the consumer. A number of marketing experts believe that colour is the most important…


The Curious Case of two Copied Patents and the Novelty of Transparency

The Calcutta High Court, in November had the opportunity to deal with a rather interesting patent dispute where one person tried invalidating a patent which was identical to his; when both of their patents seemed to be copied from a US Patent! As it turns out one Mr. Tara Chand Banka, filed a…


How to protect your music or art in India?

YouTube is filled with videos of people (budding artists!) singing songs of their favourite artists in their own style and giving it their personal touch or artists who are remixing songs. In the first scenario, it would be a most likely be cover version of the original song since the singer is…


Assignment of Copyright in India

There have been too many copyright issues in the recent times, either between the producer or the director of the film with regard to ownership of copyright or between say, a scriptwriter and the director. This got me thinking about the rights of the different people who contribute toward making a…


What do you think about the IPR Think Tank in India or the National IP Policy?

Almost every morning most of the dailies these days carry at-least one article on intellectual property, whether it is about scriptwriters fighting producers on copyright for their stories or celebrities registering their names as trademarks, or the major issue of patents and drugs. As an IP…


Copyright on Architectural Works in India - A weak foundation?

Copyright law never ceases to surprise us with its complex yet interesting issues that affect our day to day lives. About a week ago, the IP world was flooded with news that pictures of the Eiffel Tower taken at night would amount to infringement of copyright, however pictures taken during the day…


Intellectual Property Law for Fashion designers

The Fashion Industry is an Intellectual property intensive industry as it is that industry that involves continuous creation of new and innovative ideas that are commercially exploited. If you just look at your reflection in the mirror, you will find that you are literally wearing “ Intellectual…


Revocation of patents in India – High Court clarifies position on Section 8

I had recently written about the importance of disclosing status of foreign applications to the Indian Patent Office and how non-compliance can result in revocation of patents under Section 64 (1) (m) of the Patents Act. The Delhi High Court on November 7, 2014 delivered a landmark ruling on…


Copyright for script writers – Don’t copy, just write!

“I could not afford to go to Delhi just to register my script” says Mr. Gopi, a script writer who recently filed a suit against the “Kaththi” director Murugadoss accusing him of stealing his script. I watched this very interesting interview of his where he says that he’s met with the director…