The Bombay High Court and the Delhi High Court recognize the separate copyright in the underlying works in cinematograph films/sound recordings
Introduction 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. Under the Copyright Act in India, copyright attaches to original literary, musical and dramatic works; sound recordings and cinematograph films. The creation of a song at the most basic […]
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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Partner RKR & Partners Abstract The old Indian trademark statute, the Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks Act, 1999.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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