akshatha

The start-up capital of India, is emerging into a global start-up ecosystem. The support and upliftment provided by the government is paving way for entrepreneurs and creating employment locally. With the growth of local businesses, the value of the Intellectual Property and brands are increasing like never before. However, are business protecting their rights? Despite the increase in awareness, we can see that several small entrepreneurs are continuing to opt for generic names, names similar to bigger brands and deceptive logos mostly due to lack of ignorance and consequences. Even if one similar brand is established with an identical or similar trademark, the prior owners are at a risk of […]

The realm of digital world is fascinated with new developments like cryptocurrency and Non-Fungible Tokens (NFT’S). NFT is stored on a digitally accessible ledger called a blockchain. This ledger can be assessed by the public anytime to verify the ownership and authenticity. This allows an NFT to be unique and interchangeable, keeping true to its namesake. The implications of Intellectual Property laws arose when NFT’s scope was broadened to represent digital arts, photos, videos, audios etc. This hugely impacts the copyright of art works or any IP digital creations across the globe. For this reason, NFT’s are currently being circulated in the market for huge monetary values. Mike Winkelmann, who

SCRIPT AND COPYRIGHT A cinematographic film is generally based on an already existing script or a script writer is hired to write one. In either case, film producers should be alert in protecting their copyright in the entertainment industry and retaining the ownership over the copyright of a script that forms the very foundation of their work. Plagiarism Check When a promising script is shared with the producer of a cinematographic film, first thing to ensure is that the work is original and protected. The originality of the work can be protected in several manners. The script can be protected through the Copyright Office by obtaining a copyright certificate for

The Chinese authorities have been taking stringent measures to curb the Intellectual property theft. In one such instant, the Shanghai No.3 Intermediate People’s Court sentenced nine people to jail for up to six years for violating copyright of the Danish toy company LEGO along with a hefty fine. The offending company had adopted a different Trademark LEPIN while retaining the similarity in artistic get-up, design and packing. Such ‘copycats’ undermine the goodwill built by the companies in a competitive world. Even with a different trademark, the deceptive similarity in the packing is bound to confuse the customers, allowing offenders to profit off the goodwill and reputation of another company. Section

The film industry in India is a extremely popular enterprise and enjoys a large customer base.The Indian film industry has seen several big budget movies in the past few years. The sci fi movie 2.0 with its estimated budget of 450 crores, is one of the most expensive movies made in the Indian film history. With such high stake investment involved, producers have attempted rigorously to curb the piracies to protect their Intellectual Property Rights.  The law of copyright has provided with several remedies to effectively combat the pirated DVD’s and VCR’s in the black market. However, is the law now equipped to deal with the challenge illegal online streaming

Digital era has provided access positively and negatively to us. It has facilitated piracy designers to create piracies effortlessly, while allowing them to monetise it wrongfully through various websites where the customer is none the wiser. In order to counter this, designers in India are getting alert and well equipped with the Intellectual Property rights.  Very few designers in India are actually utilising the statutory benefits provided by registering their Design under the Designs Act 2000. The law is specifically designed to provide protection to aesthetics, which when utilised carefully is very beneficial to the designers. However, designers like Rohit Bal have opted to protect it under the Copyright Act in India.

The traditional understanding of copyright no longer holds good for the artistic/literary content created on digital platforms like Instagram. These contents can be commercially very beneficial to the up and coming artists and other content creators. This article will analyse the ways in which Instagramers can secure their potential works on third party platforms like Instagram.  When individuals and organisations decide to use services offered by Instagram they automatically agree to terms of use and are governed by Facebook Inc. Specifically, there are few terms and conditions an instagramer needs to be aware of while posting photos and music online through the app.  Copyright Ownership on Instagram  Firstly, Instagram acts

Under the shadow of the menacing pandemic, an alarming rise in the sale and distribution of counterfeits of medical equipment’s in India is putting the health of the public at large at risk. While certain incidents include third party mischief, such fraudulent sale through e-commerce websites raises glaring loopholes in our IPR and cyber laws in force. This article will analyse in depth the relevant laws and remedies for the aggrieved.  Brand owners whose products are counterfeited do not just bear the brunt of the economical loss, but also it has the capacity to hurt their customer base and goodwill associated with the brand. Such instances when it comes to

A time of uncertainty has caused several business owners, entrepreneurs, service providers and other niche commercial establishments to rethink their business foundation models. The relevance of Trademark and its importance has gained further outreach with the shift to prominence to online services and presence.  The online market has grown exponentially over the past few months in India. The apprehension of online shopping has made wary Indians to give more value to brand image. That’s where the importance of Trademark comes in. Those businesses who had invested heavily to build their Trademark from ground below had a secure online presence, allowing them to grab the opportunities presented even during the times

Grassroots of Indian judicial system lies in the trial court proceedings. However, we rarely get access to the various groundbreaking orders or judgements in lieu of the trend of ‘Reported Judgements’ of higher benches. This article intends to analyse a judgement by the trail court particularly in the dynamic field of Intellectual Property Law. The state of Karnataka witnessed a tussle between two renowned brands ‘Nandhini Deluxe’ involved in Andra style restaurant services along with logo and the Trademark ‘Nandini’ owned by Karnataka Milk Federation involved in selling milk and milk products not so long ago. Wherein KMF (Karnataka Milk federation) succeeded in getting favourable orders in High Court of