SEARCH FOR A SPECIFIC TOPIC
Tags Copyright

Tag: Copyright

September 2, 2021
|

Design Marking in India: Essential or Avoidable?

Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ......
August 17, 2021
|

A Moment to Remember: Personality rights, Moment market...

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ......
August 6, 2021
|

Designs Database goes Digital: Designs E-Register now a...

The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ......
March 17, 2021
|

The art and craft of franchising in India

Licensing and franchising intellectual property (IP) offer strategic competitive advantages to a brand. Franchising is a situation where a franchisor controls and supervises the exploitation of a trademark while allowing the use of the tradename, the get up and the reputation and goodwill associated with the trademark. ......
October 6, 2020
|

Get your game on: eSports and IP in India

The Covid-19 pandemic has rendered the traditional live sports industry across the globe practically comatose. Sporting leagues and tournaments may be gradually limping back into action, but the crowds remain largely absent, affecting revenues and growth prospects. Meanwhile, another kind of sporting entertainment has crept up on everyone. ......
May 20, 2019

Maps in publications: Permissions, restrictions and leg...

Maps make stories easier to understand. Whether it is history, geography or political science, a map can break down complex details into a simple picture, and bring immediate clarity. The boundaries depicted by a map are often fundamental to the story. As a result, the accuracy of maps is of particular concern, and often requires navigating legal and regulatory paths to avoid argument and controversy. This note offers a brief look at the issues that private publishers must keep in mind when publishing maps...
November 28, 2018
|

Copyright and the Right to Information

Can a request for information under the Right to Information Act, 2005 (“RTI Act”) be denied on grounds of being the copyright of a third party? This was one of the questions that a Two Judge Bench of the Supreme Court of India recently dealt with. The case related to the issue of disclosure under the RTI Act, where a person sought information regarding the plans submitted to public authorities by a real estate developer. ...

Navigating Share Transfer Restrictions in Shareholders’ Agreements

Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.

The Infringer’s Burden in Process Patent Suits in India

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.

NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...

The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.

Can a Trade Mark be opposed in India before it is Advertised for Opposition?

In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?

Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...

In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").

A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act

On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.

Guide to the 13th Nice Classification (2025-26) for Trademarks in India

The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.

A Stitch in Time: Quia Timet and Trademarks in India

Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.

May or Shall: A Curious Case of usage in Arbitration Clauses

In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...

E-Acceptance of Arbitration Agreements: Valid under Law?

The emergence of digital platforms catering to instant communication has transformed the structure and form in which business transactions are negotiated between the parties.