Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
16 August 2019
Free Software, Open Source, and the Licences Between Them
Free software is open source; open source is not necessarily free. The distinction sounds academic until you incorporate a component into a product and discover what its licence requires you to release.
12 August 2019
Creative Commons Licences Explained
Four conditions — attribution, share-alike, non-commercial, no derivatives — combine into six licences. Choosing between them decides whether your work can be sold, remixed, or only shared as it stands.
7 August 2019
PULSE Pulses PULSER: A Copycat Candy — and Damages for an Animal Cause
A street hawker sold 'PULSER' Kaccha Aam candies copying PULSE's trade dress and tagline. The Delhi High Court injuncted it — and, in a notable twist, directed the defendant to donate ₹2 lakh to an animal welfare centre instead of paying the plaintiff.
5 August 2019
Band Baaja Baaraat v. Jabardasth: Copying a Film's Expression Is Infringement
Yash Raj Films won its case against an unauthorised remake of 'Band Baaja Baaraat' — the court found 19 points of similarity and a lack of originality. But a six-year delay let the infringing film profit first.
3 August 2019
Amway v. Amazon: The Direct Selling Injunction, and Its Reversal
A single judge held the Direct Selling Guidelines binding, found platforms had lost safe harbour by failing due diligence, and injuncted them. The Division Bench set that aside in 2020 — which makes the appellate reasoning the part that matters.
29 July 2019
Raj Rewal: No Moral Right Against Destruction of a Building
The Hall of Nations was demolished, and its architect sued to have it rebuilt under his moral rights. The Delhi High Court held that Section 57 does not extend to total destruction — and that ordering otherwise would restrict the owner's constitutional right to their property.
29 July 2019
A Tribunal Without a Quorum: The IPAB's Final Years
The IPAB heard trademark matters in 2019 without a technical member for trademarks, on a High Court order invoking the doctrine of necessity. It had never heard a single copyright case in sixteen years, for want of an appointment.
15 July 2019
5AM Ventures: An INDRP Complaint Decided by the Footer
The respondent registered 5amventures.in, offered the same venture capital services, and claimed he had never heard of the complainant. The copyright notice at the bottom of his own website linked to 5amventures.com.
15 July 2019
India's GI Logo and Tagline: Guidelines for Permitted Use
A single tri-colour GI logo and the tagline 'Invaluable Treasure of Incredible India' aim to end consumer confusion over authentic GI products. Who can use them, who needs DPIIT permission, and the restrictions that apply.
12 July 2019
India's First Dynamic Injunction: Blocking 'Hydra-Headed' Piracy Sites
When a blocked piracy site simply resurfaces under a new name, must rights holders sue afresh each time? The Delhi High Court's UTV v. 1337x.to introduced India's first 'dynamic injunction' — letting the Joint Registrar extend a block to mirror sites.
9 July 2019
Customs Recordal in India: Stopping Counterfeits at the Border
Recording your IP with Indian Customs lets officers intercept counterfeit imports and exports before they reach the market. The online recordal process on the IPR portal, the documents and information required, the suspension timelines, and how seized goods are dealt with.
1 July 2019
'Legal Fakes': When Someone Registers Your Brand First
Supreme Italia built an entire business on registering the Supreme mark in countries where the original hadn't. Samsung announced a collaboration with it by mistake. The exposure comes from first-to-file systems — and from brands that don't file where they trade.