26 May, 2014
Drawing/design which is an artistic work under the Copyright Act, as also under the Designs Act, 2000, if not registered under the latter Act, will have protection under the Copyright Act only till the design is used not more than 50 times by an industrial process to produce an article. Deliberating on provisions of Section 15(2) of the Copyright Act, 1957, the Delhi High Court i...
20 February, 2014
Providing clickable links which lead the user to copyrighted material otherwise available to public is not unauthorised communication. Answering a reference from Svea Court of Appeal (Sweden ), the CJEU has ruled that in order to be ‘communication to the public’ as per Article 3(1) of Directive 2001/29, it must be also be directed at new public. In the instant case, the def...
16 January, 2014
‘What one man can invent, another can discover’ – Arthur Conan Doyle’s words spoken through Sherlock Holmes on deciphering the code which used figures of dancing men. Perhaps, it could apply to the imagination of a creative human mind. Do characters/elements develop till the last work of the author or can they be vivisected?
The Conan Doyle estate asserted that the charact...
2 December, 2013
Scanning of books and providing access to digital library
The Authors Guild (plaintiff) claimed that by scanning more than twenty millions books, providing verbatim snippets of text to aid in searching and retaining scan copies of books, providing such complete scans to libraries, Google (defendant) had infringed their rights. After over eight years of litigatio...
9th May, 2013
Infringement due to creation of transient or temporary copies being made in course of transmission though legal by itself has been debated time and again. The latest in this series is Public Relations Consultants Association Limited v The Newspaper Licensing Agency Limited and others, in the Supreme Court of UK.
Overturning the decision of the lower courts which found infrin...
By Venkata Raghavan
This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act. As is well known, copyright exists in any original literary, dramatic, musical works, sound recordings, cinematograph films, to name of few. No regi...
By Mukundan Chakrapani
Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country ou...
By Dr Sheetal Vohra, Nupur Kumar, Tulika Pandey
Getting trademark protection for slogans is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature. A slogan is generally a combination of common words which describes the goods or services, or glorifies the goods and/or services of the company. Due ...
By Sanuj Das
Nearly three years after Merck (patentee) initiated an infringement action over its patented diabetics drug sitagliptin (Indian Patent 209816, sold under the brand names Januvia and Janumet), the Delhi High Court recently permanently restrained the defendant from the business of Sitagliptin.
Dated: Oct 23, 2015
By Raghav Sarda
Under the Indian IP system, a clear distinction has been made between rights available under the Designs Act, 2000 (“the Designs Act”) and the Copyright Act, 1957 (“the Copyright Act”), to avoid any overlap in protection under the two Acts. However, owing to a similarity in the work protectable under these laws, cr...
By Aastha Aggarwal and Konpal Rae
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001. As per the Act, a design registration protects the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to articles. Since a design registration seeks to...
By Vindhya S. Mani
The Division Bench of the Delhi High Court vide its recent order dated 7th November, 2014 in Maj. (Retd.) Sukesh Behl & Another v. Koninklijke Philips Electronics [FAO (OS) No. 16 of 2014] upheld the order of the Single Judge of the Delhi High Court [2013 (56) PTC 570 (Del)] holding that revocation of a patent is not automatic under Section 64(1)(m) of the Patents Act, 1970...
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