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Law and ‘Odor’: Establishing a Case for Olfactory Marks in Indian IP Landscape
This post is authored by Tejaswini Kaushal, a 3rd-year B.A. LL.B. (Hons.) student, Dr. Ram Manohar Lohiya National Law University, Lucknow 1. Introduction “If you’re looking for a cheap dupe to a designer perfume, below we’ve got a list of great fragrance twins that are every bit as good as their pricey counterparts…” claimed an…
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Unleashing the Copyright Protection Jedi: Evaluating the Effectiveness of Dynamic Injunctions
(This post has been authored by Tejaswini Kaushal, a 3rd-year B.A. LL.B. (Hons.) student, Dr. Ram Manohar Lohiya National Law University, Lucknow 1. Safeguarding Creative Works in the Digital Age: A Paradigm Shift in Enforcement Amid User Generated Content (UGC) and Artificial Intelligence (AI), Indian copyright holders face an uphill battle, grappling with unauthorized content…
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The Doctrine of Laches in Copyright vs Patent Law: Analysis through the Lens of USA’s Legal Framework
[This piece has been authored by Ishita Chandra, a student at the Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.] INTRODUCTION It is a fundamental principle of administration of justice that the courts will aid those who are vigilant and who do not sleep on their rights. Claims which have been delayed unreasonably in being…
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Gene Patents Across Borders: A Global Outlook
[This piece has been authored by Dhairya Kumar and Manas, students at the Dr. Ram Manohar Lohiya National Law University, Lucknow.] Introduction: The fundamental structural and operational component of heredity is a gene. DNA-based genes serve as instructions for creating proteins, which are molecules. Every gene is present in two copies, one from each parent,…
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Intermediary Liability in Copyright claim over User-Generated Content
[This piece has been authored by Sanidhya Bajpai, a student at Dr. Ram Manohar Lohia National Law University, Lucknow.] Introduction The age of social media and YouTube has also created a community of content creators by default. The act of creating and sharing content on the internet has become common parlance. The advent of social…
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Tech vs Privacy: The Need For Trade-off
[This piece has been authored by Saurabh Sinha, an independent researcher in New Delhi.] Introduction On August 25, 2022, The Delhi High Court rejected an appeal by WhatsApp and Facebook against the Competition Commission of India’s order for a probe into the updated privacy policy of WhatsApp. A Constitution Bench of the Supreme Court is…
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Adobe’s Policy: Missing Out On The Elephant In The Room?
[This piece has been authored by Tanvi Agarwal and Tejaswini Sahoo, students at the West Bengal National University of Juridical Sciences, Kolkata.] Introduction If you are wondering how excellent the camera on your new brand phone would be, pay attention to what the developer says about AI. As technology advances, innovative ways of producing images…
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Rooh Afza v. Dil Afza: A Classic Case of Deceptive Similarity
[This piece has been authored by Swastik Shukla and Divyanshi Shukla, students at the National Law Institute University, Bhopal.] INTRODUCTION In 2019, the official account of Bisleri, it was with photos of fake imitations of Bisleri like Belsri, Bilseri, and Brisleri. As the brand’s tagline notes, “the smart ones know that every bottle of water…
