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The Indo – Japan Patent Protection Highway: A Gateway to Modern Imperialism?

By, Vismay G.R.N.   The development of patent law in various jurisdictions has been influenced by the social and economic conditions that exist in it. The patent law in India too had its own unique advancement according to its societal needs…. Continue Reading →

SOFTWARE TRADE SECRET PROTECTION IN INDIA: PRODDING THE MESH

By, Adarsh Vijayakumaran Introduction[i] The fast-growing technological advancement in India has made it necessary for the divine aura of intellectual property rights to include in its ambit the use of programmes and software. The RBI’s annual survey report of 2017-18… Continue Reading →

Should Compulsory Licensing for Computer Programs be allowed for the purposes of interoperability?

By, Antony Moses Introduction: Section 52 (ab) of the Indian Copyright Act sanctions the “doing of any act which is necessary for the extraction of “essential information” necessary for “operating interoperability” by a lawful possessor of a computer program, provided… Continue Reading →

The next Picasso: AI

By, Lettisha L S Introduction Perhaps John McCarthy could not have imagined the extent to which human thought would carry forward the concept when he coined the term “Artificial Intelligence” in 1955. Like bees to pollen, entrepreneurs have gravitated towards… Continue Reading →

INDIA IN THE 2019 SPECIAL 301 REPORT

By, Suhan S The Special 301 Report[1] is an annual publication by the Office of the United States Trade Representative (USTR) as a statutory requirement under Section 183 of the Trade Act of 1974[2]. The 31st edition of the report… Continue Reading →

DECEPTIVELY SIMILAR TRADEMARKS IN THE PHARMACEUTICAL INDUSTRY: A THREAT TO SOCIETY.

By, Shaivi Nihal Shah and Palash Moolchandani What is Deceptive Similarity? There are a number of ways by which a trademark can be infringed; the most common way being the use of deceptively similar marks[i], with the intention to deceive… Continue Reading →

ORIGINALITY, AUTHOR AND PUBLICATION: THE THREE MUSKETEERS OF COPYRIGHT OVER CUSTOMER LIST

By Afzal Mohhamad Introduction For far too long, there has been a continuous scuffle between employers and employees on the usage of the customer lists by the employees post-termination by the employer. Though sometimes bound by the legal obligations under… Continue Reading →

PERSONALITY RIGHTS: A NEED FOR LEGISLATION

                                      by, Ankita Aseri INTRODUCTION What are Personality Rights? The term ‘personality right’ is the right to control and profit from the… Continue Reading →

PERFORMERS RIGHTS: AMBIGUITIES IN SECTION 38A

Ankita Aseri addresses the ambiguities contained in Sec. 38A of the Indian Copyright Act and explores inconsistencies in the Amendment and in widening the scope of the interpretation of ‘live performance’. She goes on to suggest the usage of harmonious construction to remedy these loopholes.

PROTECTION OF FICTIONAL CHARACTERS UNDER COPYRIGHT LAW

Sonakshi Bannerjee studies how fictional characters are a protected form of expression and imagination within IP laws. This blog post deals with the extent of protection offered by Indian Copyright laws to fictional characters. It discusses the tests and doctrines that have developed over time in deciding the scope of protection offered to fictional characters as well as the forms of work.

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