Trademark

Is Sub-Licensing of a Trademark Permitted under the Indian Trade Marks Act?


Last month, I had blogged about the feasibility of a sub-license under the Indian copyright law. In this blog post, I will examine the issue whether the Indian Trade Marks Act, 1999 (“the TM Act”) permits sub-licensing of trademarks. An oft-discussed issue while working on corporate deals which involve IP licensing is the insistence by a licensee that its “right to sub-license” the mark must be provided for in the agreement. In my opinion, it is not permissible under the…


Read More »
Others

The Case for Keeping the IPAB Open – Part II


I am compelled to draft a reply to Prashant’s response to my post (which in turn was a response to the initial post by him and Prannv arguing for the shutdown of IPAB). The bulk of my ire is against the allegation that I have written my last post only because I make a living off the IPAB. I must state that the courts, especially the High Courts are substantially the means of my daily subsistence. Therefore, my views against…


Read More »
Copyright

Offence of Copyright Infringement Cognizable or Not? : Still a Catch 22 Situation!


We’re pleased to bring to you another post by our intern, Bhavik Shukla, discussing whether the offence of copyright infringement under section 63 of the Copyright Act is cognizable or not. Through the post, he notes the impact of the classification of the offence on creativity and free speech. Bhavik is a 5th year student at NLIU, Bhopal. Offence of Copyright Infringement Cognizable or Not? : Still a Catch 22 Situation! Bhavik Shukla Recently, in a decision which has evoked…


Read More »
Others

Former IPAB Chairperson Supports the Scrapping of IPAB, while IP Lawyers Continue to Live in Denial


Last week, Arun responded to my piece to shut down the IPAB and shift back its functions to the High Courts. I am not surprised – Arun’s firm makes a healthy living by filing matters before the IPAB. I have been speaking to several other people on this issue including former Chairperson of the IPAB, Justice Prabha Sridevan who was kind enough to point me to an opinion piece she wrote many years ago in the Hindu calling for the…


Read More »
Others

SpicyIP Weekly Review (April 13 – 19)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight In an important and pertinent post, Namratha discussed the applicability of India’s fair use provisions to the use of copyrighted works for online education during the current COVID-19 pandemic. First, she notes that the scope of fair use under section 52(1)(i) of the Copyright Act is not merely limited to classroom teaching but to the entire process of education, including online…


Read More »
Copyright

CovEducation, Copyright and Fair Use in India


The coronavirus pandemic and the consequent lockdowns across the globe has completely turned our everyday lives upside down. Social distancing, work from home and online classes are the current norm. While we adjust to this new normal, issues surrounding the uncertainty of how copyright law applies to online education have cropped up. This post analyzes the position of Indian law on the copyright related questions that have arisen in other jurisdictions in the wake of online teaching and the scope…


Read More »
Others

The Case for Keeping the IPAB Open


I had read Prashant and Prannv’s post, and wanted to explain why scuttling the IPAB is not the fix for bureaucratic red-tapism, of which the IPAB has been a rather targeted victim. Needless to state there have been intermittent delays in appointing chairpersons and members to the IPAB. This was especially manifested in the appointment of the last two chairpersons. The cause of this delay cannot obviously be thrust on the Tribunal itself, which is subject to the vagaries of the…


Read More »
Sponsored

Considering an Online Master’s? Explore UNH Franklin Pierce School of Law’s Intellectual Property Law Offerings


We’re pleased to inform you that the UNH Franklin Pierce School of Law is offering a range of graduate IP law programs online. The priority application deadline for these programs is July 1. For further details, please refer to the announcement below: Considering an Online Master’s? Explore UNH Franklin Pierce School of Law’s Intellectual Property Law Offerings The COVID-19 pandemic has impacted all our lives in unexpected ways. While the University of New Hampshire Franklin Pierce School of Law has…


Read More »
Others

The Case for Shutting Down the Intellectual Property Appellate Board (IPAB)


(This post has been co-authored with Prannv Dhawan, 3rd year B.A. LL.B. (Hons.) student at  NLSIU, Bangalore) This year marks the 17th year of existence of the Intellectual Property Appellate Board (IPAB) and in this post, we are going to lay down a case for shutting down the IPAB and transferring its powers and case-load back to High Courts. Originally setup under the Trade Marks Act, 1999 to hear appeals against the trade mark registry, as well as rectification petitions…


Read More »
Trademark

Trademarks for Digital Currencies


The difficulty in defining virtual/crypto-currencies and its accompanying challenges has been beautifully captured by the prolific raconteur Justice V. Ramasubramanian in a recent judgment examining the validity of the RBI’s position in respect of virtual currencies, as: “Any attempt to define what a virtual currency is, it appears, should follow the Vedic analysis of negation namely “neti, neti”. Avadhuta Gita of Dattatreya says, “by such sentences as ‘that thou are’, our own self or that which is untrue and composed…


Read More »