Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
4 September 2015
Bata v. Vitaflex: An Injunction Against Groundless Threats
Vitaflex threatened Bata with trademark and patent infringement over an insole design — but couldn't prove it held those rights. The Delhi High Court injuncted the threats, a reminder that only a genuine rights holder can safely send a cease-and-desist.
21 August 2015
3D Printing and Intellectual Property: Who Owns What
Three separate rights sit in a 3D printed object — a patent in the printer, copyright in the CAD file, and a design in the end product. Working out who to sue when someone prints a replica means knowing which of the three has been taken.
Durga Bhatt · 21 August 2015
Who Buys the Product? Class of Purchasers in Trademark Infringement
A pharma mark 'CORONA' used only on brochures for doctors did not infringe another 'CORONA' mark — because the buyers and trade channels were different. The Gujarat High Court on why the class of purchasers matters.
Durga Bhatt · 7 August 2015
Associated Trademarks in India: Why the Registry Links Your Marks
When your new mark resembles an earlier one for the same goods, the Registry may require them to be 'associated'. What association means, its advantages for proving use, and what happens if the linked mark lapses.
Nikita · 7 August 2015
Copyright Protection for Jokes: Not a Joke Anymore?
Twitter deleted a stolen joke after a writer's copyright complaint — raising the question: can jokes be copyrighted, and is that enforceable? How the idea–expression divide, performers' rights and the sheer difficulty of proof shape the answer in India.
31 July 2015
Software as a Literary Work: The SAP Piracy Case
A coaching centre ran unauthorised SAP training at a fraction of the official price, using pirated software and materials. The judgment confirms that computer programmes are literary works under the Copyright Act — and sets out how commercial piracy is proved.
Nikita · 31 July 2015
Franchise Agreements and Trademark Infringement: Why Drafting Wins
When a franchisee opened a competing salon, the Delhi High Court read the whole franchise agreement — recitals, schedules and all — to find 'salon services' were covered. A case study in why a well-drafted franchise agreement decides the fight.
Nikita · 26 July 2015
Cocktail Names as Trademarks: The IP Blend
Martini, Bloody Mary, Screwdriver, Mojito — many everyday cocktail names are registered trademarks in India, often held by big drinks companies. Whether that means bars infringe by listing them, and how 'genericide' complicates enforcement.
Durga Bhatt · 24 July 2015
Moral Rights in Copyright: The Rights You Keep After You Sell
Even after an author assigns copyright, two rights stay with them — to be credited as author (paternity) and to object to distortion of the work (integrity). How Section 57 protects moral rights in India, and why they can't be waived.
Navarre Roy · 24 July 2015
University Patents: Can Your College Project Be Patented — and Who Owns It?
A genuinely novel student project can be patented — but the university usually owns it under its IP policy. What students should check about ownership, royalties, and being named as inventor.
Durga Bhatt · 17 July 2015
Who Owns the Source Code? Copyright in Custom Software in India
A developer built custom software for a client — then claimed the source code was still theirs. Who owns bespoke code? Section 17, the 'contract of service' tests, and why the MoU decided it.
Nikita · 10 July 2015
Good Earth v. India Circus: Passing Off Designs, and 'New in Application'
When a former Good Earth designer sold its motifs under his own brand, the Delhi High Court injuncted him for passing off — and clarified a subtle point: a design old in itself is 'novel' when applied to a new article it's never been applied to before.