K&S Partners are contributors in the second edition of ‘International Copyright Law’
Copyright law in India is governed by the Indian Copyright Act 1957 (the Act), as amended from time to time.
The most recent amendments to the Act came into effect on 4 April 2021 through the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021.
What can be protected?
The expression ‘work’ is defined under Section 2(y) of the Act to mean any of the following works:
- a literary, dramatic, musical or artistic work;
- a cinematograph film; and
- sound recordings.
These works are described in more detail at section 2.3 below.
In addition, the Act protects the ‘broadcast reproduction right’ and ‘performers’ rights’ through an amendment introduced in 1994.
What are the criteria for protection?
Under Section 13 of the Act, copyright subsists only in the following classes of works:
- original literary, dramatic, musical and artistic works;
- cinematograph films; and
- sound recordings.
To claim protection under the Act, the works (other than foreign works and/or works of international organisations) specified in Section 13 of the Act must meet the following conditions:
K&S Partners are contributors in the second edition of ‘International Copyright Law
Copyright law in India is governed by the Indian Copyright Act 1957 (the Act), as amended from time to time.
The most recent amendments to the Act came into effect on 4 April 2021 through the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021.
What can be protected?
The expression ‘work’ is defined under Section 2(y) of the Act to mean any of the following works:
- a literary, dramatic, musical or artistic work;
- a cinematograph film; and
- sound recordings.
These works are described in more detail at section 2.3 below.
In addition, the Act protects the ‘broadcast reproduction right’ and ‘performers’ rights’ through an amendment introduced in 1994.
What are the criteria for protection?
Under Section 13 of the Act, copyright subsists only in the following classes of works:
- original literary, dramatic, musical and artistic works;
- cinematograph films; and
- sound recordings.
To claim protection under the Act, the works (other than foreign works and/or works of international organisations) specified in Section 13 of the Act must meet the following conditions:
Branding Lessons on Indian Independence Day from Legal Perspectives
The Emblems and Names (Prevention of Improper Use) Act, 1950 (“the Emblems Act”) prevents the improper use of certain emblems and names for professional and commercial purposes.
Exactly 75 years ago, at the stroke of midnight, India got freedom from the British rule to become an independent nation. Every year, 15th August celebrates the birth of our nation with joyous aplomb – the Indian tricolour flags of diverse sizes flood the market – gracing homes, establishments, vehicles, and streets. This fervour is mirrored by a rise in advertisements and promotions of brands who generously use tricolour and other signages to mark their celebrations. Every product and service tends to capitalise on patriotism on this day to attract consumers.
While this popular practice, particularly the use of the Indian national flag undoubtedly boosts sales, it is wiser to ensure that no laws are broken through such use. Be it a permanent or temporary show of patriotism, brands must know that improper use of certain signs and symbols carries a legal responsibility.
Protection against improper use of national emblems
The Emblems and Names (Prevention of Improper Use) Act, 1950 (“the Emblems Act”) prevents the improper use of certain emblems and names for professional and commercial purposes.
The Emblems Act defines the word ” emblem ” as any emblem, seal, flag, insignia, coat-of-arms, or pictorial representation specified in the Schedule to the Emblems Act. This list includes the Indian National Flag and name or pictorial representation of the Rashtrapati Bhavan, Raj Bhavan, Mahatma Gandhi, Pandit Jawahar Lal Nehru, the Prime Minister of India, and the Ashoka Chakra.
Section 3 of the Emblems Act prohibits any colourable imitation of these emblems being used for trade, business, calling, or profession, without prior permission of the Central Government including the mention or representation of these in the title of a patent, trademark, or design. Thus, any of these emblems cannot be used in a logo for a business or any other commercial purpose without prior permission of the Central Government or its authorized officer.
Section 4 of the Emblems Act prohibits the registration of a company or a trademark that bears any of these listed emblems or their colourable imitations. If a question arises before a competent authority, such as the Trademarks Registry, whether any emblem is an emblem specified in the Schedule of the Emblems Act or a colourable imitation thereof, such question will be referred to the Central Government for a final decision.
While there is a penalty prescribed under Section 5 as a fine up to Rs. 500/-, section 6 clarifies that no prosecution of any offence under the Emblems Act will be instituted, except with the prior sanction of the Central Government. Section 7 provides that apart from what is provided under the Emblems Act, nothing will exempt any suit or other proceedings which might be brought against a person. This means that in addition to the Emblems Act, one can also be liable under other provisions of other applicable laws, e.g., the Prevention of Insults to National Honour Act, 1971. Currently, there are proposals for amendment of the Emblems Act including enhancing the penalty amount and inclusion of imprisonment.
Blend In or Stand Out? Branding Blunders of Indian Startups
Being low in descriptiveness makes a trademark high in exclusivity.
There is something about the recently concluded first season of Sony Liv’s reality TV show Shark Tank India that would bother intellectual property (IP) lawyers. While pitching their business ideas to the sharks (potential investors forming the panel of judges) in the hope that they would invest in their ventures, the participants (upcoming startup entrepreneurs) are baring many truths about the strength of their IP – or the lack thereof.
Notably, trademarks chosen by most of the participants for their respective products or services is reflective of the lack of legal strategy and advice that has gone into their creation.
Choosing a trademark is an important exercise by an entrepreneur – it is what the customers identify the entrepreneur with, be it on a supermarket shelf or on the entity’s signboard or business cards. The usual tendency of entrepreneurs is to adopt trademarks that reveal the nature of their products or services to the users.
Unfortunately, this is the very thing that is barred by trademark law – a trademark is weak if it is descriptive of the goods or services for which it is used, or if it indicates the kind, quality, intended purpose or geographical origin of the goods and services. The more a trademark is silent about what the business does, or its products are made of or where it comes from or what purpose its products or services serve, the better it is. It is best to leave it to the product or service itself to convey these attributes. Being low in descriptiveness makes a trademark high in exclusivity. Unfortunately, entrepreneurs often do the reverse, rendering their trademarks non-exclusive and commonplace.
Client Relations Lead
JD for Client Relations Lead
The client relations leader is expected to build and grow internal and external relationships to help the business increase its revenues and profits. The person should lead the partner and client-relationship management, build a strategic plan, track new markets and trends, recommend new service offerings, nurture, and grow strategic relationships/partnerships, support the business to draft proposals, and align BD goals (short-and long-term) objectives with the organizational objectives. Since the client relations lead serves as the face of the company, the candidate is expected to represent the corporate culture, mission, and values while conducting business with associates and direct clients.
Roles and Responsibilities
- Develop and execute strategic business development plans, and guide long-term objectives to meet business needs and requirements
- Driving business revenue, identifying, and developing new opportunities, and building and expanding the brand presence across chosen jurisdictions
- Evaluate existing partnerships and sales efforts to analyze what works and change what does not
- Expanding partnership networks for the business to expand its reach across various jurisdictions
- Researching/tracking new markets (jurisdictions) and emerging trends, recommending new products and services, proposing, and developing new strategic partnerships
- Identify, evaluate, lead, and manage event participation by working with the leadership team. Establish a post-event lead management system (CRM) to effectively measure the outcomes of the efforts (RoI).
- Hiring, managing, and mentoring the BD team across locations and also supervising all the processes for smooth business functioning and reporting
- Work with cross-functional teams to nurture a growth culture throughout the organization
Skill Requirements
- Excellent presentation and communication skills (verbal, written, and vocal)
- Strong networking and negotiation skills
- Effective organizational skills
- Hands-on experience with social media usage (LinkedIn, Twitter, etc.)
- Customer-centric focus with good business acumen
- Fast learner, enthusiastic, responsive, self-driven, and positive attitude
- Problem-solving approach and managing day-to-day (operational) challenges
- Going the extra mile to get the work done
- Specialized in multi-tasking to meet multiple business requirements
Minimum Requirements
- Masters/Bachelor’s degree in business administration, marketing/sales, or a related field
- 12-15 years of marketing/business development experience. At least 75% of the experience should be in the services industry and Legal services background is an added advantage.
- Good knowledge/exposure to global markets (jurisdictions) – North America, Europe, Asia, etc.
India IP Update – Issue XXIII
We are pleased to share the latest edition of "India IP Update” with key developments in the area of Indian IP law.
Central Government withdraws the Personal Data Protection Bill 2021 read more…
A divisional application must have a basis in the original claims: Delhi High Court read more…
‘Known substance’ must be identified for applying Section 3(d) objection: Delhi High Court read more…
Delhi High Court finds Novartis’ Divisional Application valid in view of plurality of inventions
read more…
Local plaintiff successfully sues Amazon over the mark HAPPY BELLY read more…
Can advertising campaigns be protected as intellectual property? read more…
Vistara airlines awarded damages against Chinese infringer read more…
Are intermediaries exempt from criminal liability upon compliance with the “due diligence” requirement under Information Technology Act, 2000? read more…
Delhi High Court injuncts Flipkart from offering ‘latching on’ facility to sellers read more…
Delhi High Court exempts plaintiff from pre-litigation mediation read more…
Determination of trade dress is based on overall looks, not design similarities read more…
Mere trade variants of pre-existing designs cannot be registered read more…