India’s patent ecosystem is shaped by a delicate balance: encouraging innovation while safeguarding public interest and cultural heritage. This balance plays out differently across industries, where the rules and interpretations of patentability can make or break an innovation strategy. Four sectors: pharmaceuticals, artificial intelligence and software, green technologies, and traditional knowledge illustrate how India applies...
India’s intellectual property (IP) landscape is undergoing one of its most dynamic and challenging phases in decades. From artificial intelligence (AI) reshaping cinematic classics to cricketers trademarking their nicknames, and from deepfake celebrity endorsements to fast-fashion knockoffs, the scope and enforcement of copyright, trademark, and personality rights are being tested in unprecedented ways. This article...
In a world where stories, songs, and designs can travel across continents in the blink of an eye, creativity has never been more powerful. Yet, it has also never been more vulnerable. The same technology that allows a film to premiere globally on streaming platforms also enables a pirated copy to be uploaded within hours....
In a significant legal development, the Delhi High Court has officially declared Nutella, the globally recognized hazelnut cocoa spread by Ferrero, as a “well-known trademark” under Indian trademark law. This ruling extends protection to Nutella beyond its specific goods and service classes, granting it cross-category protection against misuse and dilution. The judgment underscores the increasing...
With India’s booming tech sector and the global shift toward software-driven innovation, the demand for software patents is steadily increasing. Companies ranging from startups to multinational tech giants are looking to protect their software-based inventions to gain competitive advantage. However, patenting software in India is legally complex and subject to distinct statutory limitations. This article...
In a significant and unusual case unfolding in India’s intellectual property landscape, McPatel Foods Pvt Ltd, a Gujarat-based business, has brought legal action against the multinational fast-food conglomerate McDonald’s Corporation, challenging the latter’s claim of exclusive rights over the prefix “Mc” in India. The dispute not only raises critical questions regarding the scope of trademark...
India’s innovation landscape is rapidly evolving. From tech start-ups to research universities, and from government push to corporate strategy, patenting activity in India is gaining serious momentum. A recent brief by the Observer Research Foundation (ORF) highlights how India’s patent ecosystem is undergoing a remarkable transformation. But what’s really driving this growth—and what challenges still...
In a highly competitive marketplace, protecting a trademark goes beyond mere registration. Trademark owners—especially multinational companies—often seek to safeguard their marks even when they are not actively using them in a jurisdiction. Indian trademark law allows registration without immediate use, but it also imposes certain conditions to retain that protection. This article examines how Indian...
When discussing intellectual property (IP) in India, trademarks, patents, and copyrights often take center stage. However, two significant yet underexplored domains within the Indian IP framework are Broadcast Reproduction Rights and Performers’ Rights. These rights are critical in safeguarding the interests of artists, musicians, actors, and broadcasters under the Copyright Act, 1957, as amended, especially...
India’s rich cultural fabric is woven with countless threads of traditional and folk-art forms—Madhubani, Warli, Pattachitra, Kalamkari, Chikankari, Chhau masks, and countless others. These expressions are not merely aesthetic; they represent the collective identity, heritage, and spiritual beliefs of the communities that have nurtured them over generations. As global interest in Indian traditional art rises,...
