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Opposing the legislative intent of ‘any person’ in pre-grant oppositions?

By Shivani Bisht   Introduction Pre-grant opposition is regarded as a key safeguard against over-reaching monopolies, particularly for pharmaceutical patents. To give this sufficient teeth, Section 25(1) of the Patents Act of India, expressly entitles ‘any person’ to file it… Continue Reading →

IP and SME in India: Consolidating Peripheral Facilitation into Internal Management – Part II

By Kishalaya Pal   Consolidation into Internal Management The dispensation in India has adopted a highly peripheral approach to deal with the issue of protection of IPR. That is to say, the scope of their efforts is limited to facilitation… Continue Reading →

IP and SME in India: Consolidating Peripheral Facilitation into Internal Management – Part I

By Kishalaya Pal   Small and medium enterprises (“SME”) have emerged as a highly effective and dynamic sector of Indian industries and economy. Not only does it contribute immensely to production, but it also generates massive employment, second only to… Continue Reading →

‘Shampagne’ Disputes Around the world – From Moscow to Madrid

By Kedar Ganesh Dhargalkar   In the words of Louis Litt, “Is that Champagne? From the region, in France? Because if it’s not, it’s called Sparkling Wine”, or in other words, it’s a ‘sham-pagne’. The reputation of champagne precedes it… Continue Reading →

Directors As Performers – Rebooting the Related Rights Regime in India

In this article, Nishtha Nikhil Gupta discusses the scope of directors’ rights and suggest ways of affording due protection to their efforts and skill under the Indian copyright regime.

Can Influencers Be Liable for Trademark Infringement by the Brands They Promote?

In this article, Srishti Sneha deals with the jurisprudence surrounding the two types of trademark infringement and writes about endorsers’ liability under Indian law.

Fair Use & The Warhol Saga: Second Circuit’s Amended Opinion Causes Confusion

Ankita Malik and Amala Govindarajan deal with the Second Circuit decision that put an end to the controversy surrounding Lynn Goldsmith’s photograph of Prince, which may be the beginning of new lawsuits that determine the future of Pop Art.

From “Sweat of the Brow” to “Nichols Abstraction”: A revisitation of The R.G. Anand precedent with its Mature-Modern Implications

In this article, Shouraseni Chakraborty comprehensively covers various tests used by Indian courts in determining the extent of copyright infringement in movies.

Copyrights And Licensing In Music: Taylor Swift’s Tussle With Her Rights

Anoushka Chauhan analyzes in-depth, the mechanism of copyrights and licensing in music through Taylor Swift’s recent tussle for her rights.

Champagne And Passing Off: The Case Of Bollinger v Costa Brava Wine Co. Ltd. Revisited

Anushka Agarwal revisits the celebrated Bollinger case. She provides a detailed analysis of the Classic Trinity test laid down in this case and examines if it is still relevant. The article also explains the difference between the remedy of passing-off and trademark infringement.

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