intellectual property
An Overview of Standard Essential Patents
If one must buy a mobile in today’s world, one always looks at specifications of the device, the software version, the latest features, etc. But did you know that there is an entire system that dictates the quality and features of technological devices, which everyone in the industry has to……
As Vistara Takes off –Legally
It is of common knowledge that planes fly by taking off, but sometimes they just have to take off in the other sense of the word! Rightfully! Recently, a case was filed by TATA SIA AIRLINES LIMITED (party to the VISTARA joint venture) against PILOT18 AVIATION BOOK STORE when they saw that the…
Infringement & the Essential Feature of a Trademark
The importance of a Trademark and the benefits it confers on a business entity cannot in any manner be overlooked. Through a logo or a symbol, a Trade Mark is inherently capable of conveying a company’s reputation or goodwill on a cursory glance made by an average purchaser. Such being the case,…
Intellectual Property Rights & MSME- Bridging the Gap
Recently the Engineering Export Promotion Council Chairman, Ravi Seghal, emphasized on the need for the adoption of Intellectual Property rights to protect innovative ideas and strategies of Micro, Small and Medium enterprises (MSME’s) in a highly competitive global economy. His observation…
There’s no such thing as a free lunch (or is there?)
Copyright is a unique animal among the various types of intellectual property. Usually, copyright vests in a work as soon as it is created, and registration of a copyright is not mandatory to obtain some form of legal protection. It is this aspect of copyright that gives rise to various types of…
The rewards of the commons – the Creative Commons licenses
The word “copyright” is a legal term which has become entrenched in everyday conversation because of its ubiquity and widespread use. Copyleft, on the other hand, is a more obscure term which refers to a particular type of copyright license. Broadly speaking, copyleft is a form of copyright…
Trademark Pulse pulses the Deceptively similar Pulser
In this case, the Plaintiff had instituted a suit against the Defendant and his proprietorship for infringement of trademark, copyright, trade dress, layout, colour combination, get up of the Plaintiff’s trademark PULSE candies adopting the trademark PULSER along with a deceptively similar trade…
The battle of the ‘JABARDASTH’ vs ‘BAND BAJA BAARAAT’
On July 8, 2019 The Delhi High Court decided that a copyright infringement occurs when there is no ‘Originality’ under Section 13(3)(a) and Section 2(d) of the Copyright Act, 1957. This is an essential feature for any right claiming copyright infringement, and was missing in the subject matter…
Delhi HC rules against E-Commerce Platforms
In the world of E-Commerce, Intellectual Property (IP) owners face challenging times owing to counterfeit products being sold by unauthorized sellers on E-commerce platforms and it is not merely the unauthorized sellers but the unbridled and elusive E-commerce entities to be considered as well.…
No Moral Rights over Destruction of a Work: Delhi High Court
In the world of construction, an architect holds a remarkable position. Generally, an architect is often subjected to resentment, and faces multiple disputes when he or she tries to balance between the builders and the owners of the building. An architect quite often turns to be the ultimate…