Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

Recent civil unrest in Nepal, coupled with a series of consecutive notices issued by the Department of Industry (DOI) regarding pending and registered trademarks has created uncertainty for trademark applicants and brand owners. Questions around applicable deadlines, documentation requirements and trademark use obligations have understandably caused concern. Here’s what you need to know -

India is considering major amendments to its design law under the Designs Act, 2000. These changes reflect India’s attempt to modernize its legal framework, address digital innovation, and align with international design systems. For applicants & IP lawyers, these reforms will directly impact how designs are protected, filed, and enforced in India. Below is a practical explanation of what is changing, how the current system works, and why it matters.

In view of recent AI developments and increasing concerns around the use of copyrighted works for AI training, the Department for Promotion of Industry and Internal Trade (DPIIT) formed a committee to examine how India’s copyright framework should respond. Accordingly, DPIIT recently released a working paper proposing a hybrid model of One Nation – One License – One Payment policy. This blog explores what it means for content creators & Artists.

Brand owners generally obtain protection for aesthetic features of their products under the Design Act, however, obtaining protection as a shape mark under the Trade Marks law (when it acts as a source identifier) awards indefinite protection (renewable every 10 years) and significantly strengthens brand protection. Particularly, shape marks offer effective solutions against counterfeits, stopping others from using a confusingly similar shape even if the infringer claims their product is…

Artificial intelligence has advanced to the point where synthesized voices are no longer only a fantastical novelty, but practical tools carrying commercial value in entertainment, news, advertising and accessibility solutions. With only a few minutes of recorded audio, today’s AI systems can construct an uncannily accurate replica of a real person’s voice. These are innovations with immense potential such as to help people who cannot speak verbally still communicate, allow for multilingual…

The Indian Trade Marks Registry has, for the first time, accepted a smell trademark for a rose-scented tyre filed by Sumitomo Rubber Industries Ltd., which is now published for advertisement. Smell marks can significantly enhance brand recall value and customer experience, acting as a strong identifier. Further, once accepted, such marks are difficult to oppose or cancel, making them a valuable long-term IP asset. If your brands use a distinctive fragrance (for products or packaging), now may…

The Maldives has taken a major step toward strengthening its intellectual-property framework with the introduction of the Trademarks Act. For the first time, the country will operate a comprehensive, statutory trademark registration system, replacing the reliance on cautionary notices and unregistered-rights principles. For businesses operating in or entering the Maldives, the Act significantly enhances the certainty, enforceability, and clarity of trademark rights. Below is an overview of the…

Data Protection has become a critical priority for businesses and individuals alike. With the recent developments and updates in how personal digital data can be collected, stored and safeguarded, we have answered the most common questions to help you navigate data protection.

The Supreme Court recently upheld the Bombay High Court's decision in the case of Principal Secretary, Government of Maharashtra and Anr. v. Kshipra Kamlesh Uke & Ors., involving compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (“the Act”) and its associated Rules of 1995 (“the Rules”). While the Act is primarily intended to protect victims of atrocities by offering relief in cases of death, injury, or ‘damage to…

In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. 339.25 crore in compensatory damages for the sale of counterfeit Beverly Hills Polo Club (BHPC) goods on its platform. This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. The Plaintiffs LifeStyle Equities C.V. and Lifestyle Licensing B, V, who are the rightful owners of the…