Intellectual Property

patent translation

Rethinking the Doctrine of Equivalence: Why Crystal Crop v Safex Risks Undermining the Gains of FMC v Natco

Introduction What happens when someone copies the heart of your invention, but has evaded liability by omitting a component that, while mentioned in the patent claim, is functionally irrelevant? Crystal Crop v Safex risks allowing precisely that. In FMC v Natco, the Delhi High Court took a meaningful step forward in how it thinks about […]

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Scraping the Truth: ANI v. OpenAI and the Fractures in India’s Fair Dealing Doctrine

Introduction In an era where algorithms increasingly determine what we read, hear, and believe, the lawsuit filed by Asian News International (ANI) against OpenAI poses a foundational challenge to how Indian copyright law accommodates artificial intelligence. At the heart of the matter is a simple yet seismic question: can copyrighted content be ingested en masse

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Online Digital Privacy

Online Digital Piracy: The Role of Dynamic Injunctions and the Way Forward

In this post, the author addresses the global rise of online piracy, affecting sectors such as movies, software, and books. Alarming statistics reveal billions of visits to pirated websites, particularly in India, impacting legitimate industries. The article discusses website blocking as a piracy countermeasure, including its methods and drawbacks like over-blocking. It explores “Dynamic Injunctions” to combat rogue websites’ reappearance. The role and concerns of ISPs, legal aspects, and potential legislative impacts are also examined. The article concludes by suggesting Blockchain technology as a piracy deterrent, urging government support for its adoption to protect the digital landscape.

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Booking.com Trademark IP Law

The ‘Booking.com’ Trademark case: “Shaping the Online Space” courtesy SCOTUS

In this post, Mr. Yashvardhan Rana (IP Lawyer, Esteemed Member of the FICCI IP Forum and Editor of the Trade Mark Reporter) analyses the US Supreme Court’s “Booking.com” decision. In doing so, he highlights the importance of the decision for brand owners and further explains the importance of consumer perception evidence in trade mark law.

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Plagiarism Copyright Legality Debate

Who Watches the Plagiarism Police? (Part-II)

In this two-part article, Brian L. Frye (Professor at University of Kentucky – College of Law) and Akshat Agrawal (Judicial Law Clerk at the Delhi High Court) discuss the nuances of plagiarism norms vis-a-vis copyright law. In the first part, the authors explain the difference between copyright infringement and attribution under plagiarism norms.

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Plagiarism Copyright Legality Debate

Who Watches the Plagiarism Police? (Part-I)

In this two-part article, Brian L. Frye (Professor at University of Kentucky – College of Law) and Akshat Agrawal (Judicial Law Clerk at the Delhi High Court) discuss the nuances of plagiarism norms vis-a-vis copyright law. In the first part, the authors explain the difference between copyright infringement and attribution under plagiarism norms.

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India Patent Protection

Should India reconsider its Patent Protection Regime in the wake of a “Self-Reliant India”?

In this post, the author argues for the development of a Utility Patent regime in India, in light of the ‘Self-Reliant India’ initiative. In doing so, the author highlights the importance of Utility Patents in fostering inclusive growth, and further provides some interesting suggestions to develop the concerned regime.

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Irene Calboli on TCLF One-on-One

TCLF ONE-ON-ONE| Ep. 11 Ms. Irene Calboli: Innovative Academic Models and Trademark Law

In the 11th episode of TCLF One-on-One, Ms. Irene Calboli talks about a career in legal academia, the importance of practical exposure for academics, looking beyond Patents in the access debate, comparative trademark law and much more

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