Tag: Intellectual Property

Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

26th August, 2021 - 4:16 am Categories: Legal Issues

It is a well-known fact that celebrities have a great impact on the audience and therefore, the advertisement industry hugely expends in collaborating with the celebrities in order to expand their brand value in the market. With the great potential and incentives that this endeavor brings, there is also another side to the story where … Continue reading Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

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Online Piracy of Live Sport Events: EU parliament’s New Regime

31st July, 2021 - 9:28 am Categories: Copyright Sports Law

Recently, in May 2021, the European Parliament adopted a new regime to combat online piracy of sports-related events. The increased online piracy was due to the development in digital technology as well as the rapid increase of digital content to sports fans across the world. The report by the Synamedia and Ampere Analysis found that … Continue reading Online Piracy of Live Sport Events: EU parliament’s New Regime

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Intellectual Property and Their Role in Olympic Games

29th July, 2021 - 4:58 am Categories: Intellectual Property

Hundreds of countries and Thousands of athletes from all around the world participate in Olympic Games; these are the world’s truly global, multi-sport, celebratory athletics competitions. At the Olympics, the world came together to try to win, was inspired and united. Greek and first Olympic inspired the Olympics were held in ancient Greek in 8th … Continue reading Intellectual Property and Their Role in Olympic Games

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Double Patenting and Where it Stands as per Delhi High Court

15th July, 2021 - 5:12 am Categories: Legal Issues

In a recent Judgement by Delhi High Court on 02.11.2020 (CS (Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories), AstraZeneca (Plaintiff), a reputed British-Swedish multinational Pharmacy & Biotechnology company, was denied an Application under Order 39 Rule 1 &2 under the CPC for grant of Temporary Injunction against Alkem Laboratories (Defendants). It was contended … Continue reading Double Patenting and Where it Stands as per Delhi High Court

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Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

30th June, 2021 - 5:29 am Categories: Legal Issues

Introduction The Delhi High Court, through its judgement, in the recent matter of M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited, dated 04-06-21 delved into the interpretation of section 8 of the Arbitration and Conciliation Act in relation to the disputes involving Trademarks. The Hon’ble court considered this dispute concerning the breach of … Continue reading Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

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Legality of Using Common Terms for Trademark in View of Various Indian Cases

20th May, 2021 - 5:18 pm Categories: Trademark

“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases

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Offences under Copyright Act and Trade Marks Act: Bailable or Not?

21st April, 2021 - 5:05 pm Categories: Legal Issues

Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?

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Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

6th April, 2021 - 3:04 am Categories: News & Updates

The Central Government promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in the Parliament earlier this year but could not be taken up for consideration and passing. Exercising the power under Article 123(1) of the Constitution of India, the President … Continue reading Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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Recognition of Doctrine of Copyright Exhaustion in Software in India

31st March, 2021 - 6:33 am Categories: Legal Issues

The Doctrine of Exhaustion, which is an internationally recognized legal principle, in layman’s terms, can be explained as a principle per which a copyright owner’s right over their creation, i.e., their right to control reproductions or copies of their work, exhausts whenever the ‘first sale’ is made by the owner or by taking their consent. … Continue reading Recognition of Doctrine of Copyright Exhaustion in Software in India

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Copyright and the World of Musical Remixes

27th March, 2021 - 9:41 am Categories: Copyright

Whether it be Tamma Tamma, Laila Mai Laila, Saki-Saki, or the Humma Song, all of us dance to the tunes of our all-time favorite ever-green hit songs and also on the tunes of their remixes. Every now and then, we hear the remix versions of old classic hit songs being used in films and being … Continue reading Copyright and the World of Musical Remixes

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