Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
20 July 2026
Zee v. Nykaa: Instagram's Music Library Is Not a Commercial Licence
Zee sued Nykaa over twelve Instagram reels using its copyrighted songs, seeking around ₹2 crore. The platform's blanket licence with Meta covers personal, non-commercial use — which is precisely what a brand's promotional reel is not.
7 July 2026
The Supreme Court Settles the Section 15(2) Copyright–Design Conundrum: Cryogas v. Inox
When does an artistic work lose copyright by being industrially applied? The Supreme Court in Cryogas v. Inox laid down a two-pronged test — is it a pure artistic work, and if not, does the 'functional utility' test make it a design? — bringing long-awaited clarity.
3 July 2026
Vodafone Idea v. IPRS: Authors' Royalty Rights Reaffirmed
A music-label licence isn't enough. The Calcutta High Court held that using songs for caller tunes and ringtones needs a licence from IPRS too — because lyricists' and composers' rights in the underlying works are independent of the sound-recording owner's.
30 June 2026
Both Marks 'Proposed to Be Used'? First to File Wins: Parle v. Registrar
Parle and Avon both filed for '20-20' on a 'proposed to be used' basis, seven days apart. Parle later used the mark — but the Delhi High Court held that when neither had used the mark at filing, the prior applicant (Avon) has superior rights under Section 18.
Raja Pannir Selvam · 23 April 2026
The Madrid Protocol and India: Pitfalls, Provisional Refusals and How to Respond
A complete guide to designating India through the Madrid Protocol — the built-in 'use' disadvantage, provisional refusals and deadlines, the ® and priority traps, deemed protection, dependency, and when to file nationally instead.
17 March 2026
7-Eleven's 'Big Bite': The Limits of Trans-Border Reputation
7-Eleven used 'Big Bite' globally since 1988 and filed in India in 1994 — but an Indian company using it since 2004 kept the mark. The Madras High Court reaffirmed territoriality: global fame and website presence aren't enough without proven goodwill in India.
Keerthana K · 13 March 2026
Late Evidence ≠ Case Abandoned: Madras HC Clarifies Rules 45 & 46
Missing the evidence deadline in an opposition should cost you the evidence — not the whole case. The Madras High Court held that Rules 45 & 46 don't support 'deemed abandonment' of the application or opposition itself.
11 March 2026
After a Design Right Expires, Can a Trademark Protect the Shape? The Harpic Bottle Dispute
Reckitt's Harpic bottle design expired — then it registered the shape as a trademark and sued Godrej's SPIC. The Calcutta HC Division Bench set aside the injunction, warning that trademark law shouldn't revive an expired design monopoly. What it means for shape marks.
17 February 2026
Well-Known Trademarks Aren't Absolute: Lessons from the Vicks Judgment
P&G's well-known 'Vicks VapoRub' couldn't cancel IPI's 'VAPORIN' — the Madras High Court held 'VAPO' is publici juris and well-known status confers no monopoly over generic elements. What brand owners should take from it.
3 February 2026
Nepal's DOI Trademark Notices: What Applicants and Brand Owners Should Know
Nepal's Department of Industry issued, then revoked, then reissued a series of trademark notices amid civil unrest — creating uncertainty over deadlines, documents and use requirements. The operative position, and the practical steps to protect your marks.
2 February 2026
India's Proposed Design Law Reforms: What Would Change
Protection for GUIs and virtual designs, a 12-month grace period, deferred publication for 30 months, statutory damages, a 5+5+5 term, multiple designs in one application, and accession to the Hague system. The most significant overhaul of Indian design law since 2000.
Keerthana K · 28 January 2026
DPIIT's 'One Nation, One License, One Payment' for AI Training: What It Means for Creators
DPIIT has proposed a blanket, opt-out-free licence letting AI developers train on all copyrighted works — with statutory royalties paid after commercialisation. What the working paper proposes, what it means for creators, and how to prepare now.