In the ever-evolving landscape of technological advancements, the question of artificial intelligence (AI) as a potential inventor has emerged as a pivotal issue in patent law globally. It is evident that the number of patent filings in the AI domain of India has shown continuous growth year on year. The recent decision by the UK Supreme Court (UKSC) regarding Dr. Stephen Thaler’s AI creation, Device for the Autonomous Bootstrapping of Unified Sentience (DABUS), has added a s

In India patent applicants are required to submit information regarding foreign patent applications in respect of the same or substantially the same invention at the time of filling of a patent application in India and thereafter under Section 8 of the Patents Act, 1970. Section 8(1) imposes a duty on patent applicants to submit .......

This piece is one of the winning entries from the Copyright Law Blog Writing Competition, 2023. Artificial Intelligence (“AI”) image generators are experiencing a remarkable boom with their ability to create stunning and realistic visuals. These models generate artworks after receiving training from millions of pictures gathered from the web. Sometimes, the developers do not obtain proper consent from the copyright owners. Recently, a class-action lawsuit was filed by a trio

This piece is one of the winning entries from the Copyright Law Blog Writing Competition, 2023. In the realm of legal battles against copyright infringement, the concept of “whack-a-mole” emerges from the depths of arcade nostalgia, where players wield a mallet to thwart toy moles that capriciously emerge from various holes. Metaphorically, it symbolizes the ceaseless and wearisome struggle against a persistent problem that resurfaces with shapeshifting resilience. This beco

In India, criminal remedies for copyright infringement are primarily governed by Chapter XIII (Offences) of the Copyright Act, 1957 (“Act”). Specifically, Section 63 penalises anyone who ‘knowingly infringes’ a copyright. It provides for 6 months to 3 years of imprisonment, and a fine of Rs. 50 thousand to 2 lakhs. Although the Copyright (Amendment) Act, 1994 (“1994 Amendment”) created an exception for non-commercial infringement (“not…for gain in the course of trade or busin

The battle for royalties in the entertainment industry goes a long way back into history. The infamous Supreme Court Order Indian Performing Right Society v. Eastern Indian Motion Pictures Association (“EIMPA”) facilitated the same, vesting all the rights with the Producers of a cinematography film. Jumping several years forward, Mr. Javed Akhtar stepped forth and put the artists’ issues in the forefront, wanting legislative action to redress them. Consequently, the Copyright

Artificial Intelligence (AI) generated works are creating shockwaves all over the art and entertainment world due to their copyright implications- and the music industry is no stranger to this, as is evident by the concerns raised in this regard by musicians, both abroad and in India. Through the lens of Indian jurisprudence, this article seeks to analyse in what circumstances can AI generated music infringe the copyright of musicians, and whether such music can qualify for t

<p>By YOGESH PAI Since October 2020, India and South Africa, joined by two-thirds of the WTO Members (African Group, LDCs and most of the developing world) have been actively pursuing other developed country Members to agree to their request to waive global intellectual property (IP) rules. The waiver asserts that by suspending IP protection for &hellip; <a href="https://ciipc.wordpress.com/2021/04/29/wto-ip-waiver-too-simplistic-global-vaccine-tech-transfer-needs-other-strat

A recent civil suit at the Delhi High Court by publishers (Elsevier, Wiley and American Chemical Society) to permanently block popular shadow libraries (i.e. pirate websites) like Sci-Hub and Libgen has drawn an expected backlash from civil society groups, copyright scholars and popular commentators. While some scholars and commentators have called the business of academic publishing ‘greedy’, others note that shutting down such pirated websites is ‘anti-science’ and against

Globally, digitalization is expanding at an unprecedented pace. Rapid internet revolution has made multi-sided platforms (MSPs) ubiquitous in our modern economy. In India, ride sharing within urban transportation is one sector that has been significantly upended with the entry of MSPs. Owing to their distinct features, these Online App-based Platforms (OAPs) exhibit significant competitive pressure on traditional players. Concurrently, the enforcement of competition law with

The Supreme Court of India has passed an order dismissing the appeal against the erstwhile Competition Appellate Tribunal’s (“COMPAT”) decision in Meru Travel Solutions Pvt. Ltd. v Competition Commission of India.[1] Vide judgement dated 3 September 2019, Rohinton F Nariman and Surya Kant JJ affirm the COMPAT’s decision. Briefly: vide order dated 10th &hellip; <a href="https://ciipc.wordpress.com/2019/10/18/has-the-supreme-court-changed-below-cost-pricing-to-predatory-pricing

The L2Pro (Learn to Protect) India IP e-learning platform aims to educate start-ups, MSMEs and innovators on protection and enforcement of their intellectual property. It was launched by the Hon’ble SIIT Mr. Guruprasad Mohapatra. As an e-learning platform, the course is divided into three different levels. The basic level provides an overview of the intellectual property landscape in India. The intermediate and the advanced levels deal in detail with the more sophisticated co

Session on ‘Developing the Linkages between Technology Policy and Other Policies: Thinking in Technology’ spoke on ‘Intellectual Property, Regulation and Competition: Standards, Tech-Licensing and Global Value Chains in The Hi-Tech Industries’ at the High Level Policy Dialogue on Technology and Innovation &hellip; <a href="https://ciipc.wordpress.com/2019/06/13/intellectual-property-regulation-and-competition-s...

<p>By Shrinkhala Jaiswal, Research Fellow, CIIPC. The author is grateful to Mr. Yogesh Pai, Co-director, CIIPC, for his valuable comments. The author would also like to thank Mr. Karan Trehan, Student Fellow, CIIPC. &nbsp; Recently, in an order passed by the Delhi High Court, Dr Reddy Laboratories (defendant) was injuncted from infringing patent No. 215528, &hellip; <a href="https://ciipc.wordpress.com/2019/06/12/non-working-of-a-patent-cannot-have-a-bearing-on-the-rights-of-

In India, music and religious ceremonies blend together like sugar in our beloved cup of tea. We can’t really imagine one without the other. Just like that, can any .........

The Government of India promulgated the Cotton Seeds Price (Control) Order (CSPCO) in the year 2015 under Section 3 of Essential Commodities Act[1], 1955, with the avowed object of &hellip; <a href="https://ciipc.wordpress.com/2019/05/14/the-anomaly-in-the-policies-regarding-the-pricing-of-cotton-seeds-in-india/" class="mo...

<p>By Soham Goswami, Research Fellow, CIIPC A Division Bench of the High Court of Delhi (hereinafter, the “Court”) pronounced judgement in Mahindra Electric Mobility v Competition Commission of India on 10 April 2019 (hereinafter, the “Decision”), bringing to an end a five-year long challenge to the constitutionality of several provisions of the Competition Act 2002.[1] &hellip; <a href="https://ciipc.wordpress.com/2019/04/29/what-is-the-ccis-real-role-a-discussion-of-the-del

<p>Apoorv Kumar Chaudhary The Uttarakhand High Court recently decided upon a question pertaining to the access and benefit sharing under Biological Diversity Act, 2002 in Divya Pharmacy v. Union of India and others.[1] The judgment has opened a Pandora’s Box which may have a huge impact on the indigenous Ayurvedic industry. The Court, in the &hellip; <a href="https://ciipc.wordpress.com/2019/04/25/access-and-benefit-sharing-for-domestic-entities-case-comment-on-divya-pharmacy

<p>Dr. Arul George Scaria, co-director, CIIPC, delivered a talk on &#8216;Copyright as a Provocateur&#8217; on the occasion of World Book and Copyright Day, at an event jointly organised by the German Book Office, IRRO, and the German Embassy in India. The presentation may be accessed here.</p>

Mr. Yogesh Pai, co-director, CIIPC, delivered a lecture titled “Bilateral ties, agreements and opportunities amongst ASEAN” as a resource person for a five day workshop on “Intellectual Property Rights &amp; Technology Transfer” under ASEAN-India Innovation Programme (AIIP) for ASEAN Member States (MS from 1st – 5th April, 2019 at New Delhi, organized by National Research &hellip; <a href="https://ciipc.wordpress.com/2019/04/22/bilateral-ties-agreements-and-opportunities-amon