• Intellectual Property Law

    Patrolling of Patent Trolling: Exploring Options

    A recent landmark judgment pronounced by US Supreme Court once again brought into limelight the patent trolling, a concept which is very close especially to the large tech companies. It was held that the jurisdiction for a case of patent trolling will lie with the court in which the defendant resides. [1] The purpose of the research is to analyse patent trolling from the perspective of India and suggest possible solutions to it.   [Saket Agarwal is a 4th Year (BBA; LL.B) Student, National Law University, Jodhpur] Introduction The term patent trolling was first used by Peter Detkin for a ‘litigious minded IP holding company’. [2] It is a practice…

  • Intellectual Property Law

    Moral Rights of Architects : No Remedy for Demolition of Works?

    In May this year, in a case concerning the demolition of Hall of Nations, Hall of Industries, and Nehru Pavilion in Delhi, all three of them being highly acclaimed architectural relics, the Hon’ble Delhi High Court has ruled that an architect does not have the right to ask for reconstruction of his demolished buildings as per original plans. The primary question that this case raised was vis-a-vis the ambit of the Right to Integrity in works of one’s authorship as guaranteed by the Berne Convention to which India is a signatory and the mandate of which has been adopted into India by virtue of the Copyright Act, 1957.   [Ayushi Goel…

  • Intellectual Property Law

    Judicial Evolution of ‘Fair Use’ of Copyrights – In the Context of Parodies

    To parody is to imitate another’s work in order to ridicule or criticize such work. The act of copying may also be the result of reproducing an original work indirectly, which is from a copy thereof. Parody is not possible without reproduction of a certain amount of work from the original published work. Where does an act of parody then violate the rights of the creator and cause copyright infringement?   [Abhishek Iyer is a student of 3rd Year B.A.-LLB at the Gujarat National Law University, Gandhinagar and can be reached at abhishekiyer1999[at]gmail.com]   History of the Creator’s Rights The first statute that protected the creator’s rights was Britain’s Statute of Anne…

  • Intellectual Property Law

    Trade Dress Infringement: When Imitation is not Flattery

    The Trade Marks Act (TMA) was introduced in 1999 for the registration of Trade Marks in India and mainly to provide for better protection of the trademark for goods and services preventing their fraudulent use. Trade Mark refers to a graphically representable mark capable of distinguishing a particular good or service distinctively which includes the shape of goods, their packaging and combination of colours, etc. Under section 2(q) of TMA, a ‘package’ further includes a case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork. This article seeks to analyse ‘trade dress’ as an intellectual property right, both in…

  • Intellectual Property Law

    A Peep into the Draft Copyright (Amendment) Rules, 2019

    Perhaps, change is the only constant. As a natural corollary, dynamism becomes the quintessential feature of law. This finds resonance with the logic behind the official statement of the Ministry of Commerce and Industry, which has made public the Draft Copyright (Amendment) Rules, 2019, for stakeholders’ remarks till 29 June 2019 “in order to ensure smooth and flawless compliance of Copyright Act in the light of technological advancement in digital era and to bring them in parity with other relevant legislation, the Department for Promotion of Industry and Internal Trade (“DPIIT”) has now proposed to introduce the Copyright Amendment Rules, 2019.”[1] This proposal knocks at the door at a time…

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