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,...
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...
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...
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....
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...
