India: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Beyond The Label: FSSAI And Brand-Identity Deception
Intellectual property (“IP”) law and food safety law have traditionally been treated as separate domains, administered by different authorities, under different statutes, and animated by different objects. IP law governs a proprietor’s exclusive rights over a mark and the consequences of its unauthorized use; food safety law governs the safety, labelling and honest presentation of food to the public.
India IP
SR
S.S. Rana & Co. Advocates
Article
Cool Heads, Hot Dispute: Delhi HC Weighs Trade Dress And House-Mark Defence In Dabur Cool King vs. Emami Navratna
A decision of a Division Bench of the Delhi High Court in Dabur India Limited v. Emami Limited[1], pronounced on May 22, 2026, is a significant addition to Indian passing off jurisprudence concerning trade dress protection. The dispute arose from Dabur’s launch of Cool King Thanda Tael and Emami’s allegation that the packaging and overall get-up of Dabur’s product is deceptively similar to the long-established trade dress of Navratna Ayurvedic Oil that is sold by Emami.
India IP
SR
S.S. Rana & Co. Advocates
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Article
Cool Heads, Hot Dispute: Delhi HC Weighs Trade Dress And House-Mark Defence In Dabur Cool King vs. Emami Navratna
A decision of a Division Bench of the Delhi High Court in Dabur India Limited v. Emami Limited[1], pronounced on May 22, 2026, is a significant addition to Indian passing off jurisprudence concerning trade dress protection. The dispute arose from Dabur’s launch of Cool King Thanda Tael and Emami’s allegation that the packaging and overall get-up of Dabur’s product is deceptively similar to the long-established trade dress of Navratna Ayurvedic Oil that is sold by Emami.
India IP
SR
S.S. Rana & Co. Advocates
Article
Bombay High Court Quashes Counterfeit-Goods FIR Filed Under The Copyright Act
In a significant ruling that underscores the importance of correctly aligning the choice of statute with the nature of the grievance, the Hon’ble Bombay High Court in Sandip S/O Ramashankar Dube vs The State of Maharashtra, quashed a First Information Report and consequent criminal proceedings that had been registered under the Copyright Act, 1957, in a matter involving the sale of counterfeit branded apparel.
India IP
SR
S.S. Rana & Co. Advocates
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Article
The Hidden Cost of Neglecting IP Renewals
Intellectual property portfolios can be destroyed not by litigation or competition, but by a single missed renewal deadline. A patent that survived years of prosecution or a trademark built over decades can vanish because an annuity payment went unpaid on a date nobody was watching. This examination reveals how these administrative failures occur under Indian statute, why restoration is far weaker than most proprietors assume, and what a defensible renewal framework looks like in practice.
India IP
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
Protecting India’s Handloom Heritage: When Legal Protection Ends But Commercial Risks Begin
India's handloom industry faces a critical challenge as traditional artisans struggle to protect their centuries-old craft from commercial exploitation despite robust legal frameworks. While the country has established comprehensive Geographical Indication laws and intellectual property protections for heritage textiles like Banarasi, Pochampally, and Kanchipuram sarees, a significant gap exists between legislative intent and practical enforcement. Can legal mechanisms truly safeguard the livelihoods of mil
India IP
MC
MAHESHWARI & CO. Advocates & Legal Consultants
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Article
USPTO Streamlined Claim Set Pilot Program: A Strategic Pathway To Accelerated Patent Examination
Patent pendency remains one of the most significant challenges in U.S. patent prosecution. Average first-action wait times range from approximately 20 to 29 months across Technology Centers, creating real costs for startups seeking investor credibility, life sciences companies racing toward product launches, and technology firms defending competitive market position.
India IP
SR
S.S. Rana & Co. Advocates
Article
Intellectual Property Rights Newsletter August 2026
In ANI Media Pvt. Ltd. v. Open AI OpCo LLC, CS(COMM) 1028/2024, the Delhi High Court delivered a significant judgment on the intersection of copyright law and Generative Artificial Intelligence. Deciding an application for interim injunction, the Court examined questions concerning the use of copyrighted works for training Large Language Models (LLMs), the scope of copyright infringement arising from AI-generated outputs, the applicability of the fair dealing exception under Section 52 of the Copyright Act, 1957, and the territorial jurisdiction of Indian courts over AI developers operating through servers located overseas.
India IP
KS
King, Stubb & Kasiva
Article
AI-Assisted Inventions In India: What Businesses Need To Know About Patentability And Disclosure
Artificial intelligence is changing not only how products are developed, but also how inventions are conceived, tested and refined. AI and machine learning systems are increasingly being used to identify new materials, optimise industrial processes, improve medical technologies, detect anomalies, develop software architectures and generate technical solutions that may ultimately form part of a patentable invention.
India IP
KS
King, Stubb & Kasiva
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Article
Defensive Publication: The Patent You Choose Not To Take
In intellectual property strategy, the most consequential decisions are often not what a company chooses to patent, but what it deliberately chooses not to patent. Modern innovation ecosystems generate far more technical output than any organisation can economically prosecute through the patent system. Engineering teams iterate continuously. Manufacturing operations accumulate incremental process improvements. Software systems evolve through constant optimisation.
India IP
SR
S.S. Rana & Co. Advocates
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