Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
3 October 2016
The IPAB's Deputy Registrar Court
In 2016 the IPAB constituted a Deputy Registrar Court to clear the administrative work clogging its docket — defects, abandonments, counterstatements and extensions — so that benches could hear substantive appeals. A record of how the tribunal worked before it was abolished.
30 September 2016
Royalties for Lyricists and Composers: The Aditya Pandey Ruling and the 2012 Amendment
The Supreme Court's Aditya Pandey ruling — that composers and lyricists get no separate royalty once a sound recording is licensed — was decided on pre-2012 law. The 2012 amendment then gave authors a non-waivable royalty right. Both, explained.
27 September 2016
A Breakthrough for Indian Copyright: The DU Photocopy Judgment
The Delhi High Court's 2016 single-judge ruling dismissed publishers' suit over Delhi University's photocopied course packs, holding educational reproduction under Section 52(1)(i) isn't infringement. Justice Endlaw's reasoning — 'copyright is intended to increase, not impede, the harvest of knowledge.'
23 September 2016
Is Watching a Pirated Film a Crime in India? What the Court Actually Said
The Bombay High Court clarified that merely viewing a blocked, pirated film is not itself an offence — infringing or abetting infringement is. What the ISP warning got wrong, and why 'not illegal' isn't the same as 'fine'.
15 September 2016
Section 31D and Internet Streaming: The Statutory Licence That Wasn't
A 2016 government memorandum declared that statutory licensing under Section 31D covers internet broadcasting. Three years later the Bombay High Court held it does not — an office memorandum cannot extend a statute, and streaming services must negotiate licences.
9 September 2016
Version Recordings Under Indian Copyright Law
A version recording reinterprets an existing song in a distinct arrangement — legal, but tightly regulated. How Section 52(1)(j) and, later, Section 31C govern cover versions, what Gramophone v. Super Cassette settled, and the stricter 2012 rules.
7 September 2016
Famous Marks as Domain Names: No Automatic Statutory Protection
The Bombay High Court refused to stop 'raymondpharma.com' — a pharma company's use of RAYMOND — holding the Trade Marks Act doesn't protect famous marks used as domain names across unrelated trades. How Section 29(4) and 29(5) interact.
30 August 2016
Rule 40 and the Olympics: When a Tweet Becomes Infringement
The US Olympic Committee warned businesses against tweeting with Olympic hashtags, and one carpet-cleaning company sued to find out where the line was. The rules exist to stop ambush marketing — but they caught a great deal of ordinary well-wishing too.
20 August 2016
Performers' Rights in India: Singers Get Their Royalties
The 2012 amendment gave performers their own rights — including a right to royalties when their performances are used commercially. How the ISRA v. Chapter 25 ruling enforced it against a bar playing recorded music.
Divya Shanmugathas · 19 August 2016
Software and Indian Patent Law: A Good Combination?
Software is protected by copyright, but 'computer programme per se' isn't patentable under Section 3(k). How the 'per se' wording opens the door to 'computer-related inventions', the back-and-forth over the CRI guidelines, and the debate on whether software should be patentable at all.
12 August 2016
The 'Happy Birthday' Copyright Saga: A Lesson in Registering Right
Warner/Chappell collected royalties on 'Happy Birthday' for decades — until a US court found it never owned the lyrics and freed the song to the public domain. Why the case is a lesson in registering copyright with care, and where the burden of proof sits.
11 August 2016
Getting Back Your .COM Domain Name Through the UDRP
For .com and other generic TLDs, the recovery route is ICANN's UDRP — not the INDRP. How to file (via WIPO), the three grounds, the fees, the domain-lock, the 60-day timeline, and the remedies (cancellation or transfer).