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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The Evolving Legal Landscape of Intermediary Liability in India: A Deep Dive
Abstract India’s tryst with internet intermediary liability can be traced back almost two decades to when the Information Technology Act (IT Act), 2000 saw the light of day. With the rapid evolution of both the internet and its users in India, it would not be a stretch to say that the legislators in India have […]
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Implications of the Prius Judgment for Trans-Border Reputation and Passing-Off in India
Amit Sindhwani, Head of IPR, USHA International LtdAishwarya Menon, Partner, K&S PartnersRajendra Kumar, Founding Partner RKR & Partners Abstract The old Indian trademark statute, the Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks Act, 1999. The Indian Courts have rendered many trademark decisions under both these statutes, where rights based on […]
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The Overlap Between Copyright and Designs in India, EU and the UK – A Case for Overhaul of the Indian Legal Framework
Rajendra Kumar & Amit Sindhwani Why is there a cross-over between design and copyright? It is generally recognized that an industrial design constitutes the ornamental and aesthetic appearance of an article whether in two (2D) or three dimensional (3D) forms. A few examples: Novel Pattern on Pottery Novel Shape of an Iron Box Novel Shape […]
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GI Protection and Enforcement in India
Introduction In Europe, in June 2018, the Scotch Whisky Association (SWA) took legal action before Hamburgʼs Regional Court, complaining of a German distillerʼs use of “GLEN BUCHENBACH” on its label in respect of a German product. The Hamburg Court sought guidance from the European Court of Justice (ECJ) to interpret the GI law. The ECJ […]
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