Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
14 results
for “Licence”
ANI Media Pvt. Ltd. v. Open AI OpCo LLC
An Indian court has jurisdiction if the plaintiff's principal place of business is in India, or if the defendant targets Indian users, even when the defendant's servers are located abroad. Even temporarily storing a copyrighted wo…
Artificial IntelligenceCopyright Fair DealingCopyright InfringementJurisdictionOtherArijit Singh v. Codible Ventures LLP & Ors.
A celebrity's personality and publicity rights protect his name, voice, vocal style and other identifying attributes against unauthorised commercial exploitation, including through artificial-intelligence voice-cloning tools that …
AI And DeepfakesDynamic InjunctionMoral RightsPersonality RightsTrade MarksAshiana Ispat Limited v. Kamdhenu Limited & Ors.
A mere contractual promise to let someone adopt and use a mark is not the same as transferring ownership, where the contract makes ownership conditional on registration. Non-use of a mark for decades defeats a claim to common-law …
AssignmentDiscretionary OrderInterlocutory InjunctionLicencePatentsBayer Corporation v. Union of India & Ors.
A compulsory licence under Section 84 of the Patents Act, 1970 may be granted where the reasonable requirements of the public with respect to a patented invention have not been satisfied, the invention is not available at a reason…
Compulsory LicencePublic HealthReasonably Affordable PriceSection 84OtherD.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors.
Every individual, and particularly a celebrity, possesses an enforceable right of publicity in the commercial value of his persona, including name, likeness, voice, style and mannerisms, which can be licensed to a corporate entity…
Character MerchandisingFalse EndorsementPassing OffPersonality RightsPatentsDr. Aloys Wobben & Anr. v. Yogesh Mehra & Ors.
Section 64(1) of the Patents Act, 1970 grants alternative, not cumulative, remedies for seeking revocation of a patent: a petition before the Appellate Board, or a counter-claim in an infringement suit. Once a person interested el…
Counter-claimElection of RemediesPatent LitigationPatent RevocationCopyrightEntertainment Network (India) Ltd. v. Super Cassettes Industries Ltd.
An offer to license copyrighted broadcasting rights on unreasonable terms constitutes a refusal under Section 31(1)(b) of the Copyright Act, 1957, and the existence of one voluntary licence does not bar the Copyright Board from gr…
Broadcasting RightsCompulsory LicenceCopyright BoardMusic And Sound RecordingsPatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent EligibilityCopyrightNajma Heptulla v. Orient Longman Ltd. & Ors.
A work of joint authorship under Section 2(z) of the Copyright Act, 1957 arises where the contribution of one author is not distinct from that of another and the two are merged into a single, unitary work; a person who gives indep…
Assignment And LicensingCopyright OwnershipJoint AuthorshipLiterary WorkPatentsTelefonaktiebolaget LM Ericsson (Publ) v. Intex Technologies (India) Ltd.
In disputes over standard essential patents, an implementer who negotiates without genuine intent to license while continuing to exploit the patented standard is an unwilling licensee, and courts may order interim security, includ…
FRANDInterim InjunctionPatent InfringementStandard Essential Patent