Copyright

Supreme Court  set aside the Madras High Court’s judgment that had modified the application of Rule 29(4) of Copyright Rules, 2013 applicable to the statutory licensing regime under Section 31D of the Copyright Act, finding that it rewrote the words of the statute.

Indian IPR

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Copyright

Held that the mere presence of a mark on the Register would not lead to automatic success in an action for infringement, and it was imperative to demonstrate continuous and sustained use of the mark to exemplify its distinctiveness.

Indian IPR
Copyright

HELD “…. the power to grant ad hoc compulsory licence, cannot be implied. No such detriment is demonstrated. In the absence of an express statutory grant, I would not imply the power to grant an ad hoc compulsory licence by way of interim order by the Copyright Board.”

Indian IPR