Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Archana Selvam · 6 July 2017
Toyota v. Prius: Trans-Border Reputation Has to Be Proved
Toyota couldn't stop a Delhi firm using 'PRIUS' — because it failed to prove the mark's reputation had reached India by 2001. How the territoriality principle works, why delay hurt Toyota, and the guidelines the court left behind.
Archana Selvam · 16 June 2017
Last-Minute Film Injunctions: The ₹5 Lakh Warning
A producer waited until three days before Phillauri's release to seek an injunction, having known the release date for a month. Justice Patel refused, found no genuine urgency, and imposed ₹5 lakh in costs — with a warning to everyone else doing the same.
7 June 2017
TMO Guidelines for Recognising Well-Known Trademarks (Rule 124)
After Rule 124 let owners apply for well-known status directly, the Registry issued guidelines fleshing out the vague rule — the Form TM-M application, documents and procedure. Plus the debates it sparked: Rule 124's constitutionality and the Section 11(9) tension.
3 May 2017
Registering Foreign-Language Trademarks in India
You can register a mark in any language in India — but you must supply a transliteration and translation, and if the English meaning is descriptive, registration gets harder. How the doctrine of foreign equivalents plays out here.
2 May 2017
Who Owns 'The Nation Wants to Know'? Slogans, Personality and Employment IP
When Arnab Goswami left Times Now, both the channel and his new venture rushed to trademark 'The Nation Wants to Know'. The fight turns on three questions — is it distinctive, whose identity does it evoke, and what did his contract say.
Padmaja Chinta · 25 April 2017
Indemnification Clauses in Tech Licensing: The Pitfalls to Avoid
Indemnification clauses in technology licences get too little attention for how much they matter. If you're the licensee, four common limitations can leave you exposed to third-party patent claims — reject them.
Archana Priyadharshini · 21 April 2017
The Rubik's Cube Loses Its 3D Trademark
The Court of Justice of the EU held that the Rubik's Cube's shape mark was invalid because its essential characteristics perform a technical function. Shapes that work cannot be monopolised indefinitely through trademark law — that is what patents are for.
7 April 2017
The Springboard Doctrine: Protecting Trade Secrets in India
India has no standalone trade secrets statute — protection comes from contract and equity. The springboard doctrine lets a business stop a former insider from using confidential information, even after it becomes public.
28 March 2017
Priority Trademark Applications in India: All You Need to Know
File a trademark in one Paris Convention country and you have six months to claim the same filing date in India. How convention priority works under Section 154, and what to file.
Archana Priyadharshini · 21 March 2017
Copyright and Copyleft: Two Ways to Share a Work
Copyright is a natural right that reserves a bundle of rights to the author. Copyleft flips the logic — sharing rights freely on condition that every derivative stays just as free. How the two differ, and why copyleft (born with GNU GPL) fuels innovation.
Archana Priyadharshini · 17 March 2017
How to Get Well-Known Trademark Status in India
Well-known status gives a mark broader protection — even across dissimilar goods. Since the 2017 Rules, you can apply for it directly via Form TM-M. What the law requires under Section 11(6)–(9), the process, and the ₹1 lakh fee.
16 March 2017
Infringement vs Counterfeiting: What's the Difference?
All counterfeits infringe, but not all infringements are counterfeits. How Indian law distinguishes deceptively similar marks from exact fakes — and why the remedies (civil vs criminal) differ.