Editorial Staff
No Moral Rights over Destruction of a Work: Delhi High Court
In the world of construction, an architect holds a remarkable position. Generally, an architect is often subjected to resentment, and faces multiple disputes when he or she tries to balance between the builders and the owners of the building. An architect quite often turns to be the ultimate…
Who will guard the guards (Intellectual Property Appellate Board)?
The Intellectual Property Appellate Board recently held hearings for trademark matters in July 2019. The cause list was sent on rather short notice and came as a surprise to many advocates since the IPAB currently doesn’t have a technical member for trademarks, and therefore should not be hearing…
Conflicting 'Ventures' of Domain Names
Technology is at our fingertips today. At the ‘click’ of a button, we get the desired result that we want. It has become a silent best friend without whom human existence seems inconceivable. Nevertheless, there is always a point when, honey too can be poisonous and that’s how technology is to be…
Guidelines for Permitted Use of Indian Geographical Indication (GI) Logo and Tagline
Darjeeling Tea, Mysore Silk, Nagpur Orange, Tirupathi Laddu, Feni, Banaras Brocades and Sarees are a few among the many registered geographical indications, in short, GIs in India. In simple words, GI is an indication or sign which helps identifying a product originating from a particular location,…
The Case of Dynamic Injunction
In a recent judgement (UTV & Ors. vs. 1337x.to & Ors.), the Delhi High Court set a precedent by issuing India’s first-ever ‘dynamic injunction’ against websites who were deemed to be infringing upon the rights of copyright holders. Under this remedy, if the Plaintiffs are made aware that an…
Customs Recordal in India - Averting the cross-border movement of infringing goods
With the advancement of technology and the expansion of the grey-market, brands worldwide are currently facing a large-scale import and export of infringing/false & counterfeit goods. Accordingly, to stop the illegal import/export of the counterfeit goods and products into the Indian market,…
The Curious Case of ‘Legal Fakes’
A legal fake although a contradictory term, is used to describe the practice of securing a legal right over a trademark which is obtained as a result of registering such trademark in a certain country before the original owner of that trademark is able to do so. Supreme Italia One of the most…
Privacy Law in India – The Personal Data Protection Bill, 2018
Privacy (and particularly data privacy) has become a major talking point over the last few years. With the exponential growth in digitization of services and expanded surveillance capabilities (both government and the private sector), more and more citizens around the world have pushed for…
Adidas Losses Battle Over its Three-Stripe Trademark
The name Adidas is not new, and neither are its products. But in a major twist and what appears to be a blow, the European Court has ruled that the “three stripes” brand/trademark of Adidas was not distinctive enough. The First Battle Interestingly though, the decision does not happen to be first…
Key Features of the GDPR
The European Union’s General Data Protection Regulation (GDPR) is one of the most significant pieces of legislation in any sector that has been enacted in recent years. Since its enforcement in May 2018, the GDPR has already seen a critical transformation in the way that various organizations…