Weekly (IP)DATE
The Great Indian Copyright Conundrum: Goa’s Circular on Wedding Music and the Legal Tug-of-War
Goa, with its stunning beaches and lively festivities, has always been a popular destination for weddings and social events. However, a recent circular from the Goa government has stirred up a legal battle regarding copyright laws. This circular aimed to exempt wedding ceremonies and related…
Want to Remix a Song? Make sure not to get tangled with IP Infringement
In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved…
Analysis of Jan Vishwas (Amendment of Provisions) Act, 2023 – An IPR Perspective
The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws…
Law and Disorder: IP Firms Targeted by Sneaky Impersonation Scams
Recently, a troubling trend has emerged where scammers are impersonating reputable law firms, pretending to be partners or representatives to defraud individuals and businesses. Their modus operandi involves targeting people with fake "legal notices" sent from email addresses that closely resemble…
Deemed Protection: Trademarks Act v/s Madrid Protocol
In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid…
The Force Awakens - CGPDTM's Recent actions on contractual staffs in Trade mark office
The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality…
Bombay High Court Upholds Celebrity Personality Rights Against AI Exploitation: An Analysis of Arijit Singh v. Codible Ventures LLP and Others
In a recent judgment in the case of Arijit Singh v. Codible Ventures LLP and Others, the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. Personality rights, which holds the protection of an individual's identity, privacy, and dignity, are…
Standard of Proof of Use: A Practical Guide To Win Over Hearing Officers
In India, a trademark application can be filed either on a "proposed to be used" basis or by claiming prior usage of the mark in India. In view of opting to file an application based on prior use, an Applicant is required to include a User Affidavit along with their Form TM-A at the time of filing…
Deciphering Trademark Priority Claims in India: Challenges with Multiple and Partial Priority Claims
One of the key provisions of the Paris Convention for the Protection of Industrial Property pertains to priority applications, which allows trademark applicants to claim priority in a member country based on an earlier application filed in the home country. This principle, known as priority right,…
The Need for a Code of Conduct for Patent and Trademark Agents: Saurav Chaudhary vs. Union of India & Anr.
In a recent decision, the Delhi High Court addressed a petition challenging the abandonment of a patent application for a "Blind-Stitch Sewing Machine and Method of Blind Stitching." The petitioner sought to restore the patent application on the account of misconduct and negligence by their Patent…