Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
20 January 2015
NDAs That Work: Fairfest Media v. ITE Group
Fairfest shared its financials under an NDA during acquisition talks. The talks failed, and the counterparty bought into a competitor that then ran a rival event with a similar logo. The Calcutta High Court enforced the NDA — and the case shows what these agreements can and cannot do.
20 January 2015
Can a Court Question a Trademark's Validity at the Interim Stage?
In an infringement suit, can a civil court weigh a defence that the plaintiff's registration is invalid, at the interim-injunction stage? The Bombay High Court (Lupin/Shakti Bhog) held it can — but only where the registration looks prima facie fraudulent or shocks the conscience.
Durga Bhatt · 26 December 2014
Micromax v. OnePlus: The Division Bench Vacates the Cyanogen Injunction
Micromax obtained an ex parte injunction stopping OnePlus One sales in India over exclusive rights to Cyanogen's OS. The Division Bench vacated it — OnePlus hadn't been heard, and nobody had worked out what rights Cyanogen could still grant after its earlier deal with OnePlus.
22 December 2014
Companies, Directors and Who Owns the Patent
A minority shareholder sued because patents built on company R&D were filed in the managing director's name. The Bombay High Court dismissed the derivative suit — but the case is a sharp reminder to fix IP ownership in employment agreements from day one.
Durga Bhatt · 20 December 2014
Micromax, Cyanogen and OnePlus: When an Exclusive Licence Bites
Cyanogen gave OnePlus a non-exclusive licence, then gave Micromax an exclusive one for India. OnePlus launched anyway — and got injuncted. A sharp lesson on exclusive vs non-exclusive licensing.
10 December 2014
Can You Trademark a Colour in India?
Louboutin red, Cadbury purple, John Deere green-and-yellow — a colour can be a trademark. How Indian law protects colour marks, when you can claim a single colour, and why acquired distinctiveness is essential.
9 December 2014
Two Similar Patents, One Missed Prior Art: The Meter Seal Dispute
Two patents for electric meter sealing devices, both resembling an earlier US patent the Indian Patent Office never cited. The IPAB revoked the first; the Calcutta High Court sent it back, holding that transparency and a ribbed wire were real distinctions the Board had overlooked.
4 December 2014
Cover Versions and Remixes Under Indian Copyright Law
Singing someone's song your own way is a cover; changing the arrangement is a remix — and both need a licence. How Section 31C's statutory licence governs cover versions (five-year wait, royalties, disclosures), and why remixes count as adaptations needing consent.
Durga Bhatt · 20 November 2014
Assignment of Copyright in India: Rights, Royalties and Moral Rights
Films are built from many creators' works, usually assigned or licensed to the producer. How copyright assignment works under Sections 18–19 — the mandatory writing, the default term and territory, the 2012 royalty reforms, and why moral rights never transfer.
Navarre Roy · 20 November 2014
The IPR Think Tank and the National IP Policy
DIPP constituted a six-member Think Tank in October 2014 to draft a National IPR Policy, chaired by the former IPAB Chairperson. Its composition drew objections from the USTR and pharmaceutical groups before it had drafted a line.
Raja Pannir Selvam · 20 November 2014
™ or ®: When Can You Use Each Symbol on Your Trademark?
The ™ symbol signals a mark you intend to use as a trademark — no application needed. The ® means the mark is registered, and using it falsely is a criminal offence. The simple rule for each.
Nikita · 19 November 2014
Copyright on Architectural Works in India: A Weak Foundation
Unlike France's night-time Eiffel Tower rule, Indian copyright gives architects thin protection — Section 52's fair-use carve-outs cover almost every public photo, and Section 59 blocks injunctions against buildings. Why architects should still register their designs.