Intellectual Property

Sumathi Chandrashekaran of Obhan & Associates looks at the facts, the judgement and the implications of the trademark infringement suit involving the milk cooperative Nandini, that recently came to a close in the Supreme Court. The judgement, which was in favour of ‘Nandhini Delux’, a restaurant, has opened up many issues for the consideration of business owners with regard to resistering and then establishing a trademark....

The first post trial SEP case, involving both patent and competition laws, has given SEP holders some relief. The Philips case involving its patents relating to DVD video players, offered an interesting and relevant platform for jurisprudence on cutting edge patent and anti-trust issues such as essentiality, standard setting, and exhaustion. This article discusses the facts of the case and the various reasons why the decision of the Delhi High Court is far from satisfactory and is likely to cause some heartburn to implementors....

As India agrees to sign up for the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty, it scales up a level on protection of rights in the digital environment. Here's a look at what it will mean for authors, as well as actors, musicians, singers and producers of soundtracks, In terms of monetary benefits, international protection, investor trust and more....

The recent demise of Steve Ditko, the artist and co-creator of Spider-Man (along with Stan Lee) is an opportunity to revisit the story of how the movie rights for the superhero character were negotiated between Marvel and Sony over the past decade or so....

The Copyright Office recently put out its final Practice and Procedure Manual for examinations of applications in literary, artistic, musical, cinematograph film and sound recording works. This publication comes after the draft guidelines were put up for public notice and comment earlier this year. The Manual details how different types of applications will be handled. We put together the information on computer programmes, databases, websites, and apps....

In a rare design judgement from India, a Division Bench of the Madras High Court, held that an infringement case is made out if the essential part of a design is similar to the essential part of the alleged infringing design. In the judgement, it reversed the decision of a Single Judge Bench of the same court, which had declared that the design in question was infringing....

The Supreme Court recently went into the question of res judicata (i.e., the principle of law which states that an issue already adjudicated by a competent court may not be pursued by the same parties again) in a complex case involving trademarks, assignment and the business of banking. It holds potential interest to those tracking company bankruptcy proceedings, as well as banking regulation and resolution proceedings....

Can protected IP be used for commercial gain? What is the royalty associated, and whether it is a means of adequate remuneration for the IP owner or a barrier to access for prospective licensee. The article discusses these issues and is a part of a series of articles that will address the matter in totality....

The research team at Obhan & Associates have conducted a study to understand the number of women patent applicants in India. It has been heartening to see a considerable rise in the percentage of women applicants since a 2014 article that appeared on the subject. The article looks at, briefly, the role of women in IP the world over, and identifies avenues of further study that can eventually help define policy choices in the future....