Data Protection vs Intellectual Property in India’s Digital and AI Era
India’s digital economy is witnessing an unprecedented surge in data-driven innovation, from AI-powered services to creative digital content. Alongside this growth, two critical legal regimes govern how information and ideas are handled: data protection law and intellectual property (IP) law. These frameworks serve very different purposes, like one safeguards personal information and privacy, while the […]
The Innovation Dilemma: Revisiting TSM and Inventive Step Approach in Patent Law
Introduction Imagine you build a smartphone app that lets users scan handwritten notes and automatically converts them into calendar events. You believe it’s clever, efficient, and patent-worthy—only to be told it’s “obvious” because all the individual components already existed. But what makes an invention obvious, and who gets to decide? At the heart of this […]
WHO Pandemic Agreement and Intellectual Property Protection: Barrier to Access or a Solution to Broader Access
Introduction The World Health Organization (WHO) is negotiating a “Pandemic Treaty” to enhance global responses to future pandemics, with a focus on ensuring fair access to vaccines and medical products. The aim is to prevent a repeat of the disparities seen during the COVID-19 pandemic by establishing a clear framework for vaccine development, distribution, and […]
Understanding the Doctrines of “Ejusdem Generis”, “Noscitur A Sociis” and “Estoppel”
Step into the dynamic world of trademark law with the judgment from the Delhi High Court in the recent case of Raman Kwatra and Another v. KEI Industries Limited 2023 SCC OnLine Del 38. This ruling is a game-changer in two pivotal aspects. Firstly, it challenges the conventional norms by redefining how we gauge similarity […]
Indian Patent (Amendment) Rules 2024
On March 15, 2024, the Government of India, through the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) DPIIT, along with the Indian Patent Office, announced the Patents (Amendment) Rules, 2024. The draft of these rules was made public on August 23, 2023, for discussion and consultation with stakeholders. It […]
The Evolving 5G Patent Scenario in India: A Race for Technological Dominance
India, as one of the largest and fastest-growing markets for telecommunications, finds itself at the forefront of the global 5G revolution. The deployment of 5G networks promises unparalleled speeds, ultra-low latency, and a wide range of transformative applications. As the race for 5G dominance intensifies, the role of patents in shaping the landscape becomes increasingly […]
Strengthening Intellectual Property Rights Enforcement in India: Key Developments
India has emerged as a prominent player in the realm of intellectual property rights (IPR) enforcement, making significant strides in recent years. The country has undertaken various crucial developments to bolster its IPR framework, fostering a favourable environment for innovation, creativity, and investment. In this article, we highlight noteworthy advancements that have shaped India’s IPR […]
Strategic Considerations: Investing in Patents for Startups – Balancing Intellectual Property Protection and Business Growth
In today’s competitive business landscape, startups face numerous challenges in establishing their market position and protecting their innovative ideas. The industry and competitive landscape play pivotal roles in determining the importance of patents for a startup. This article explores the benefits and potential drawbacks of investing in patents, while also shedding light on alternative strategies […]
Quantum Computing and the Rise of Patents in India
Quantum computing, a revolutionary field at the intersection of physics and computer science, promises to transform industries and solve complex problems that are beyond the reach of classical computers. In India, the pursuit of quantum computing has gained significant momentum, with researchers, institutions, and technology companies exploring its vast potential. As this transformative technology takes […]
Delhi High Court Shapes Trademark Law in Digital Advertising: Analyzing the Google LLC vs MakeMyTrip Verdict
Introduction: The Delhi High Court recently delivered a groundbreaking ruling in the case between Google LLC and MakeMyTrip (India) Private Limited (MIPL), reshaping the landscape of trademark law in the digital realm. This case, centered on the use of trademarks as keywords in online advertising, provides a nuanced perspective on the intersection of trademark law […]