intellectual property rights

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‘Fair Use’ in the Age of AI

The advent of large language models (“LLMs”) such as OpenAI’s GPT and Google’s Gemini has revolutionised how content is created, consumed, and commercialised. These generative AI systems, trained on massive volumes of publicly available data, can now generate human-like expressions at unprecedented pace and scale. While such technological advances are to be welcomed for their potential to enhance human capacity and to contribute to the progress of knowledge, they also raise fundamental yet profound questions about the extent to which the law is equipped to regulate such an foreseeable development.Continue Reading ‘Fair Use’ in the Age of AI

Scope of Interrogatories in Patent Infringement Suits: The Delhi High Court Reiterates the “Necessity Test”

Introduction

Delay in adjudication is not new in India. Unnecessary delays through misuse of procedural complexities often tends to delay the dispensation of justice. Efficient adjudication and resolution of disputes are pivotal to any developed judicial system. These reinforce trust in the judicial set up of a country, thereby, facilitating effective commercial partnerships globally. In this backdrop, the Indian parliament enacted the Commercial Courts Act, 2015 (“Act”), with the aim to provide a procedural framework that leads to expeditious resolution of commercial disputes. Section 2(1)(c) of the Act provides for an exhaustive definition of “commercial disputes”, which includes, among other things, disputes arising out of intellectual property rights (“IPR”) relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications, and semiconductor-integrated circuits. Thus, IPR disputes are commercial disputes [1].Continue Reading Scope of Interrogatories in Patent Infringement Suits: The Delhi High Court Reiterates the “Necessity Test”

The Calcutta High Court has established its Intellectual Property Rights Division (IPRD) and Intellectual Property Rights Appellate Division (IPRAD), marking an advancement in Intellectual Property law. This development, marked by a gazette notification dated September 20, 2024, which notified the Intellectual Property Rights Division Rules, 2023, adds Calcutta High Court to the list of those (Delhi, Madras and Himachal Pradesh) already engaged in implementing specialised regulations for Intellectual Property (IP) matters in India.Continue Reading Calcutta Joins the Ranks: Addition of another IP Division in India’s Legal Landscape

Navigating Change: Unravelling the Biological Diversity (Amendment) Act, 2023

Introduction

The Biological Diversity (Amendment) Act, 2023 stands as a pivotal milestone in India’s commitment to preserving its rich natural heritage. The present article comprehensively explores the revisions made to this legislative framework and their implications on biodiversity management in the country.  The Biological Diversity (Amendment) Act, 2023, (“Amendment Act”) began its legislative journey in December 2021, when the Bill was first tabled in Lok Sabha and solicited public feedback before being referred to a Joint Parliamentary Committee. The committee’s recommendations, which were submitted by December 2022, were incorporated into the Bill. It was subsequently reintroduced in Parliament and received presidential assent on August 3, 2023.Continue Reading Navigating Change: Unravelling the Biological Diversity (Amendment) Act, 2023

Decoding Patent Searches: A brief on the types and strategies

Introduction

Intellectual Property Rights (IPR) have undergone significant evolution in the recent past, and the increasing number of filings for different types of IP rights across the world show the increasing commitment of countries to foster innovation, creativity, and their desire to sustain it. In today’s rapidly evolving landscape of innovation and technology, securing intellectual property rights through patents has become paramount for businesses and inventors. However, navigating the complex realm of patent law demands a thorough understanding of existing inventions and their legal implications. Continue Reading Decoding Patent Searches: A brief on the types and strategies

Race to Space - Space Activities Bill, 2017 - commercialization of space

Spearheaded by the Department of Space and Indian Space Research Organisation (ISRO), India has developed low cost indigenous space capabilities for peaceful purposes over five decades. The proposed Space Activities Bill, 2017 (Bill), seeks to dismantle the Government monopoly on space and encourage private sector involvement. Will it lead to advancement of the space programme?

Globally, the space sector is no longer the preserve of Governments, as entry barriers to private players are being lifted[1]. The need for technological advancement, cost reduction and emerging opportunities such as mineral exploration of planets, are some of the reasons for encouraging the private sector. ISRO began commercialising certain space activities by opting for a public-private partnership model[2]. It has since seen many start-ups, but has yet to translate into a wider role for the private sector.  
Continue Reading Race for Space