Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Raja Pannir Selvam · 19 February 2018
Protecting Intellectual Property in the Maldives
The Maldives has no dedicated trademark or industrial-property statute — protection rests on cautionary notices — though a copyright law exists and more IP legislation is developing. The current framework, and where it's heading.
22 December 2017
IPRS and Copyright-Society Status: The 2012–2017 Saga
After the 2012 amendment, IPRS lost its copyright-society registration, throwing its authority to license and sue into doubt. What the confusion was — and how it was resolved when IPRS re-registered in 2017.
21 December 2017
Toyota v. Prius: How the Supreme Court Narrowed Trans-Border Reputation
The Supreme Court's Toyota v. Prius Auto ruling narrowed the trans-border reputation doctrine — affirming the territoriality principle over universality. Reputation abroad isn't enough; you must prove goodwill spilled into India. A deep look at the reasoning.
1 November 2017
Tamil Nadu Renames Video Piracy Cell as IP Rights Enforcement Cell
Tamil Nadu re-designated its Video Piracy Cell as the Intellectual Property Right Enforcement Cell — a first-of-its-kind single framework covering all IP. What the policy covers, why it matters to a piracy-hit Tamil film industry, and its limits.
6 October 2017
Protecting Plant Varieties in India: A Registration Bottleneck
India's sui generis PPV&FR Act is path-breaking — recognising farmers' and breeders' rights. But there's a catch at the very first step: you can only register varieties of species the Authority has notified. If your crop (blueberries, say) isn't on the list, it can't be protected.
Archana Priyadharshini · 26 September 2017
Protect Your IP Before You Disclose It
Disclose an unprotected invention to a joint venture partner and you may spend years proving it was yours — years a startup does not have. Protection before disclosure is the difference between owning an asset and litigating over one.
22 September 2017
Copyright Office Now Publishes Applications: A Transparency Step
The Copyright Office began publishing a monthly list of all copyright applications received — treating publication as the Rule 70(9) notice, opening a 30-day objection window. A move toward transparency and faster disposal, mirroring the TM and patent journals.
Durga Bhatt · 21 August 2017
Trademark Opposition Proceedings in India: A Stage-by-Stage Guide
Once a mark is advertised, anyone can oppose it within four months. A walk through the full process — notice of opposition, counter-statement, the Rule 45/46/47 evidence rounds, and the hearing — with the deadlines that decide who wins by default.
18 August 2017
Provisional Refusal on a Madrid Mark in India: Six Things to Know
Received a provisional refusal from India on your Madrid application? You have one month from receipt to respond — and a few things can make or break it. Deadlines, proof of receipt, extensions, use claims, and where to amend.
1 August 2017
Should You Register Your Trademark as a Word Mark or a Logo?
Word marks give broader protection across any font or styling. Logos protect the visual design. Which to file in India, and when you need both.
26 July 2017
Who Owns a Family Trademark When the Family Splits?
When a family business divides among heirs, who owns the family name as a trademark? Indian courts lean toward shared goodwill — no single heir can exclude the others — as the Shri Ram School dispute shows.
19 July 2017
Carlsberg v. Som: How a Statement of Novelty Lost a Design Case
Carlsberg's novelty in its Tuborg bottle lay in the indentations. Its statement of novelty claimed the shape and configuration of the bottle as a whole — which already existed in prior art. The court read the statement literally, and the case failed.