Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Raja Pannir Selvam · 24 February 2014
Expedited Examination of Trademarks in India: How Fast Is Fast?
You can pay to have a trademark examined faster in India — but historically only the examination stage was expedited, not the whole registration. How the process works, and how the 2017 Rules improved it.
13 February 2014
Cybercrime and Domain Hosts: Where Does Liability Lie?
If someone posts defamatory or illegal content on a website, is the domain host liable? Usually not — intermediaries get safe harbour under Section 79. How to unmask an anonymous registrant, why a court order is the key, and how to get infringing content taken down.
Navarre Roy · 10 February 2014
The 'Man of Average Intelligence and Imperfect Recollection'
Indian courts judge trademark confusion through the eyes of a fictional 'man of average intelligence and imperfect recollection'. Who he is, how his intelligence shifts with the product, and the marks he has (and hasn't) confused.
Keshava H. B. · 28 January 2014
Sound and Smell Marks in India: Registering the Intangible
A jingle can identify a brand as surely as a logo. India registers sound marks — and since the 2017 Rules you file an MP3 with musical notation rather than describing the sound in prose. Smell marks remain effectively unregistrable, for want of graphical representation.
Nemish Zaveri · 24 January 2014
The O-3 Notice: Why a Trademark Can't Be Removed Without Warning
Before a trademark is removed for non-renewal in India, the Registrar must send an O-3 notice. Courts have held this a requirement of natural justice — and it gives owners a real second chance.
Nikita · 24 January 2014
Yoga and IP: Stretched Too Far?
Can anyone own a yoga asana? India's Traditional Knowledge Digital Library documented 900+ asanas to stop monopolisation, the US Copyright Office ruled poses uncopyrightable, and the Delhi HC's Pranic Healing case confirmed you can't copyright an exercise sequence.
Raja Pannir Selvam · 19 December 2013
Who Owns the Copyright in a Movie? The Producer
When a writer's script and songs are woven into a film, the producer becomes the first owner of the copyright — unless a contract says otherwise. The Zanjeer ruling, and why contracts decide who can remake a film.
Raja Pannir Selvam · 17 December 2013
Joint Ownership of a Trademark in India
Two or more parties can jointly own a trademark in India — but only in narrow circumstances. What Section 24 permits, what the courts require, and how joint owners must deal with each other.
Raja Pannir Selvam · 28 November 2013
Choosing the Right Brand Name for Your Startup
Your brand name is your first — and one of your most important — decisions. How to pick a name that's distinctive, memorable and clearable, and the four searches (internet, MCA, domains, trademark records) to run before you print a single business card.
Raja Pannir Selvam · 15 November 2013
The Statement of Working (Form 27): What Patentees Must File
A patent is an exclusionary right, and India attaches a duty to it — declaring whether the invention has actually been worked here. Form 27 is now filed once every three financial years, and failing to file exposes you to a fine of up to ₹10 lakh.
Nikita · 13 November 2013
Getting Back Your .IN Domain Name — The INDRP Way
Someone registered your brand as a .in domain? The INDRP is a fast, inexpensive route to recover it. A detailed walkthrough — who can complain, the three grounds, notification, arbitrator appointment, the award timeline, fees and appeals.
Raja Pannir Selvam · 15 October 2013
Indian Patent Law Basics: The Patent Application Procedure
A plain walkthrough of how to file a patent application in India — who can file, the right office, application types, the forms (1, 2, 3, 5), publication at 18 months, request for examination, the FER, and pre- and post-grant opposition.