Tags Publishing Laws in India

Tag: Publishing Laws in India

July 15, 2019
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Protecting pseudonymous works

The works of writers like Enid Blyton, George Eliot, Premchand, and Saki, have come to be embedded in our minds for generations, such as. We associate these names with canonical literature, but sometimes forget that these were not the authors’ real names. They were, in fact, pseudonyms, or pen names, adopted by their owners. The motivation for adopting a pseudonym for a creative work is not always clear, and can include a wish to create a separate identity from one’s real life persona. Whatever be the reason, the manner of protecting copyright in pseudonymous works is slightly different from that of a conventional copyright, which is the subject of this piece....
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...
May 14, 2018

Personality Rights in India

The twentieth century rock icon, Jim Morrison, reportedly once said, “The most important kind of freedom is to be what you really are.” Although it was said in another context, Morrison’s quote reinforces the significance of rights that persons have in protecting their individuality, and the traits and characteristics associated with their person. This is where the notion of ‘personality rights’, as we define it in legal parlance, comes in....
April 18, 2018

Unauthorized Biographies: Balancing the right to privac...

Indian Courts have consistently upheld the existence of the right to privacy of individuals. While biographies are important sources informing people of the life stories of their leaders and celebrities, it is important for the authors and the publishers to strictly follow the broad principles that have been laid down by the Courts. There are clear guidelines on how only what is in public domain may be reproduced in a publication. What qualifies as public domain, and where might the author be required to produce written consent is an important understanding to avoid injunctions and other repercussions....

Madras HC clarifies on Method of Treatment of Animals

In a recent decision, the Madras High Court has clarified the scope of exclusion from patentability under Section 3(i) of the Indian Patents Act, 1970, pertaining to methods of treatment for animals, among other things. ...

Design Registration for GUIs

The registrability of graphical user interfaces (GUIs) has had a chequered past in India. This post discusses latest developments in this matter, including the fallout of a 2023 Calcutta High Court asking the Designs Office to reconsider an order rejecting the application for registering a GUI design. ...

E-Commerce – Principles and Guidelines for Self-Governance: Redefining Trust, Transparenc...

The Bureau of Indian Standards has released draft standards titled "E-commerce – Principles and Guidelines for Self-Governance" dated January 2025 (herein after referred to as the "Guidelines"). These Guidelines are imperative for the self-governance of e-commerce entities, ensuring fairness and transparency for all stakeholders including consumers and businesses. ...

HALF EMPTY OR HALF FULL: ALL A MATTER OF PERSPECTIVE

In a recent decision involving the reinstating of two civil judges in Madhya Pradesh, Justice Nagarathna of the Supreme Court made some key observations on the representation of women in the judiciary. ...

Delhi High Court lays down disclosure requirements for patent applications

The Delhi High Court clarifies that patent applicants must strictly comply with disclosure requirements in drafting complete specifications, and interprets the scope of Sections 3(c), 10(4) and 10(5) of the Patents Act in a recent decision. ...

Do Courts have the power to Modify Arbitral Awards?

On February 20, 2025, the Supreme Court of India ("Supreme Court") reserved its judgement on whether the powers of a court under Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 ("Act") extend to the modification of arbitral awards. The Supreme Court, while analysing precedents relating to these Sections, observed that some judgements have emphasized the lack of the courts. ...

MIB Issues Latest Advisory for OTT Platforms Amid Content Regulation Debate

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

India’s Draft Guidelines On AYUSH Keep Traditional Knowledge And Innovations In Harmony

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

RBI’s New Framework to Strengthen Payment Systems in India

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

Ensuring Growth by Insurance: The Impact of 100% FDI in the Indian Insurance Sector

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...