Hemakshi Prabhu
Hemakshi Prabhu was a Junior Associate at ATB Legal, where she worked on intellectual property matters and company incorporation. She holds a BBA LL.B. (Hons.) from Symbiosis International University, Pune.
Insights
Articles by Hemakshi Prabhu
India
Software Patents in India: Legal Landscape, Rising Trends, and Practical Realities
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 […]
India
McPatel vs. McDonald’s: A Defining Moment in India’s Trademark Jurisprudence
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
Current Trends in India’s Patenting Landscape: Innovation on the Rise
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 […]
India
Non-Use Cancellation & Defensive Marks in India
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 […]
Copyright Broadcast
Broadcast Reproduction Rights and Performers’ Rights: Lesser-Known Areas of Indian IP Law
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 […]
Geographical Indication
Indian Folk Art and Traditional Works: Copyright vs. Cultural Misappropriation
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, […]
India
Trademark Watch and Enforcement in India: Building a Cost-Effective Strategy
In today’s fast-paced and digitally interconnected world, brand reputation and consumer trust can be undermined instantly through unauthorized use or infringement of trademarks. In India, where brand piracy and counterfeiting are significant challenges, building a cost-effective trademark watch and enforcement strategy is essential for any business seeking long-term protection of its intellectual property (IP). This […]
Geographical Indication
Trademark Infringement in India: Recent Trends and Notable Judgments
In a fast-evolving marketplace like India, brand identity is one of a company’s most valuable assets. With increasing competition and a surge in digital commerce, trademarks have become critical for distinguishing goods and services. The Trade Marks Act, 1999 governs trademark law in India, offering both civil and criminal remedies against infringement. Recent years have […]
India
Haldiram India v. Berachah Sales Corp: A Landmark in Well-Known Trademark Protection
Introduction The Delhi High Court’s decision in Haldiram India Pvt. Ltd. v. Berachah Sales Corp. & Ors. stands as a defining moment in Indian trademark protection jurisprudence. The Court not only protected a leading Indian brand from infringement but also formally recognized HALDIRAM as a “well-known trademark” under Section 2(1)(zg) of the Trademarks Act, 1999. […]
India
Amazon Fined ₹340 Crore by Delhi High Court for Trademark Infringement: A Landmark Ruling in Indian IP Law
In a landmark judgment that has sent ripples across the Indian e-commerce and intellectual property (IP) landscape, the Delhi High Court has imposed a hefty fine of ₹340 crore on Amazon Seller Services Pvt. Ltd. for trademark infringement. The case, filed by BHPC Associates LLC, owner of the globally recognized fashion brand Beverly Hills Polo […]
India
GI Tags in India: Empowering Rural India or Just a Label?
India, with its rich cultural diversity and centuries-old traditions, is a treasure trove of unique regional products, ranging from Banarasi sarees to Darjeeling tea and beyond. To protect and promote this traditional knowledge and craftsmanship, India has embraced the system of Geographical Indications (GI) under the Geographical Indications of Goods (Registration and Protection) Act, 1999. […]
Intellectual Property
Saudi Trademark Law vs. UAE, Bahrain, and Qatar: A Comparative Analysis
Trademark protection plays a vital role in safeguarding brand identity, promoting fair competition, and preventing consumer confusion. While the GCC countries (Gulf Cooperation Council)—including Saudi Arabia, UAE, Bahrain, and Qatar—share common goals for intellectual property (IP) development and have even adopted the GCC Trademark Law framework, each jurisdiction maintains distinct local procedures and nuances. This […]