The OpenAI case and what’s at stake for AI and copyright in India
The first legal challenge to generative artificial intelligence models in India surfaced last week when news agency ANI filed a lawsuit against OpenAI in the Delhi High Court alleging copyright infringement.
In this case, a first-of-its-kind in India, New Delhi-based ANI has accused the San Francisco-headquartered...
Mitigating liability while copyright law catches up with Artificial Intelligence
Discover how Artificial Intelligence (AI) intersects with copyright law as recent court cases and global developments shape the ongoing debate. Gain insights into how different countries, including the UK, India, the US, the EU, and Japan, navigate the authorship of AI-generated works within their copyright frameworks. Explore the fair use argument put forth by AI companies and delve into four...
The Trademark and GI Battle for Kashmiri Products Must be Taken Seriously
India, being a pioneer in geographical indication protection in the region, must take the lead and be the first one in acceding to the Geneva Act, which offers protection to handicraft GIs as well.
Last month, the World Trademark Review carried a report that the Romanian IP Office (OSIM), after an initial refusal,...
A Response to the Alternate Interpretation on Permissibility of Sub-licensing under Indian Trademark Law
Last week, Kapil had written a guest post giving an alternate interpretation to the arguments in my post on the impermissibility of sub-licensing arrangements under the Trade Marks Act, 1999 (‘the TM Act’).
The main counter points by Kapil against my argument that the TM Act does not permit...
COVID-19: How Best Can the Indian IP Office Help its Stakeholders?
In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution.
This is because, deadlines in IP prosecution are often hard deadlines, and if...
Should India Join the Geneva Act of the Lisbon Agreement, 2015?
WIPO’s Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (“the Geneva Act”) was adopted on May 20, 2015.
On February 26, the Geneva Act officially entered into force after the European Union acceded to the same. Currently, the Geneva Act is effective in 31 countries (Albania,...
Parachute Disparagement Case: Free Speech, Yes; but Not at the Cost of Falsehoods
This is a rejoinder to Prashant’s recent post, replying to my post on the order of the Division Bench (DB) of the Bombay High Court in the Marico disparagement case.
My post was primarily to point out the factual errors committed by the DB in arriving at its conclusions – not on Marico’s legal strategy, as Prashant...
Bom HC Division Bench Stays Interim Injunction against Vlogger in Parachute Disparagement Case
Last month, I had blogged about Marico v. Abhijeet Bhansali where a Single Judge of the Bombay High Court directed the defendant, Abhijeet Bhansali (‘Bhansali’) to take down (in the interim) an offending video because he prima facie made false and reckless statements about Marico’s coconut oil branded, “Parachute”....
Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies
Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr.
The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling...