Geographical Indication Trademark

Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part II


In Part I, in the light of jurisprudence, I had analysed whether copyright or design law would be the appropriate IP for jewellery protection. Additionally, I had also discussed if ‘adaptation’ or ‘reproduction’ would be the more suitable term for referring to the conversion of 2D drawings into 3D jewellery. In Part II, I look at other questions such as what would happen if a suit in respect of copying of jewellery is brought under copyright law and passing off,…


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Copyright Design Overlaps in IP Trademark

Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part I


The issue of IP protection of jewellery has hardly been discussed or adjudicated upon in India. Generally, it is understood that the sketch of the jewellery design can be protected as artistic work under copyright law, while the actual appearance of the jewellery, such as the configuration, pattern can be protected under design law. But, it’s more complicated than that. There are many questions without clear answers, such as, whether jewellery is protectable under copyright or design law in India,…


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Design

Supreme Court Interprets ‘High Court’ under Section 22(4) of the Designs Act


Recently, in a Special Leave Petition, the Supreme Court dealt with certain pertinent issues such as the separation between revocation of registration – in infringement suits and in cancellation actions and cause of action and interpretation of the term ‘High Court’ under the Designs Act, 2000. In S.D. Containers Indore v. Mold Tek Packaging, a division bench of the apex court provides clarity that ‘High Court’ under Section 22(4) includes a High Court that does not have ordinary original civil…


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Copyright Trademark

What’s Happening with WhiteHatJr?: A Look at the IP Issues


Recently, in interim applications decided on 23rd and 24th November, the same single bench of the Delhi High Court granted a limited ad-interim injunction in favour of Karan Bajaj (WhiteHatJr’s CEO) and Byju’s Whitehat Education Technology Private Limited (WhiteHatJr). The major issues in these cases were similar – defamation and trademark infringement. For the purposes of this post, only the IP issues will be looked at. In the first case, Karan Bajaj v. Pradeep Poonia, the former along with his…


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Geographical Indication

India vs Pakistan: Dispute over Basmati’s GI Registration in the European Union


Recently, the aromatic, long grain rice known as ‘Basmati’, became another source of conflict between India and Pakistan. It isn’t the first time that a European GI registration for Basmati has been in the news, nor the first conflict relating to a GI between India and Pakistan. In the past, the GI registration of Pashmina had been a contentious issue. In 2008, India had decided to register Pashmina as a GI domestically and a Pakistani body had opposed this on…


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