Interface Between Shape Trademarks and Designs
RAJENDRA KUMAR, Founding Partner, RKR & Partners, India This note explains how Indian trade mark law (including shape marks under the Trade Marks Act, 1999) intersects with design protection under the Designs Act, 2000, and how passing off can sometimes protect product shape or packaging get-up. It summarises the key statutory provisions, the functionality and […]
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Composite suit for design infringement and passing off: the final word from the Delhi High Court
RAJENDRA KUMAR, Founding Partner, RKR & Partners, India This note traces how the Delhi High Court has addressed (i) whether a plaintiff can simultaneously pursue design infringement under the Designs Act, 2000 and passing off under common law, and (ii) whether those causes of action can be joined in a single composite suit. It summarises […]
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Implications of the Calcutta High Court’s GUI judgment dated March 09, 2026 for design protection of GUIs in India and for the Government of India’s proposed reforms
Ashish Rai, Patent & Trademark Attorney, RKR & Partners The Government of India has been considering certain proposed reforms to the legal framework for design protection in India, inter alia, proposing the definition of “article” and “design” under the Designs Act to include non-physical forms, including GUIs, icons, graphic symbols, typefaces, augmented reality graphical user […]
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The Overlap Between Copyright and Designs in India, EU and the UK – A Proposal for Possible Reforms to the Indian Legal System
Rajendra Kumar, RKR & Partners The Government of India is in the process of considering certain reforms to the Indian legal framework and has recently made available a Concept Note for public consultation. The Concept Note proceeds on the premise that the design-copyright interface has remained a subject matter of conflicting interpretations leading to frequent […]
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Evolution of Musical Copyright in India
AMIT SINDHWANI, Head of IPR, Usha International Limited, IndiaRAJENDRA KUMAR, Founding Partner, RKR & Partners, India Who Owns The Rights in a Song: Evolving Trends in Music Copyright in India It is trite to say that copyright is a bundle of rights. This truism is best demonstrated when a song is played on the radio […]
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Interface Between Competition Law and Intellectual Property Rights
Rajendra Kumar and Ashish Rai, RKR & Partners Interface Between Competition Law and Intellectual Property Rights (IPRs) in India It is common knowledge that intellectual property law vests exclusive monopoly rights in the proprietors of intangible intellectual assets such as trademarks, patents, creative works etc. On the other hand, competition law seeks to promote free […]
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Biological Diversity Act Amendments
ASHISH RAI, Patent Attorney, RKR & Partners Guardians of Nature: Understanding India’s Biological Diversity Act, 2002 India is one of the world’s richest countries in terms of biological diversity. To ensure that this biodiversity is conserved, used sustainably, and benefits are shared equitably, the Indian Parliament enacted the Biological Diversity Act (BDA), 2002. India is […]
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Licensing of trademarks in India – IICJ
AMIT SINDHWANI, Head of IPR, Usha International, India RAJENDRA KUMAR, Founding Partner, RKR & Partners, India Licensing of Trademarks in India: A Historical Overview What is trademark licensing At its simplest, trademark licensing is permission granted by a trademark owner (licensor) to another (licensee) to use the licensor’s trademark on mutually agreed terms and conditions. […]
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PISCO Judgment Delhi High Court
Peru & Chile face-off in India: by Mr. Rajendra Kumar, RKR & Partners | Intellectual Property Attorneys The question whether PISCO is a homonym or a transborder GI between Peru and Chile came up for determination in a long-running legal dispute between Peru and Chile in India going back to 2005. After a long saga […]
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New Indian Law Firms, Mergers and Collaborations in 2023
RKR & Partners In December, Rajendra Kumar launched RKR & Partners in Gurugram, specializing in Intellectual Property. Read More at https://www.barandbench.com/news/corporate/rajendra-kumar-sets-out-on-a-new-ip-legal-venture-rkr-partners
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