During the last PWS session, Meghana Killampalli, Associate, hosted a discussion on “Whether co-branding is an effective remedy against cultural appropriation?” The Attorneys examined whether co-branding could balance the power dynamics between large entities and local artisans by ensuring fair compensation and market access. The Attorneys also discussed the commercial imbalance in bargaining powers leading to exploitation of culture and tradition, especially in light of blatant exploitation from foreign entities. The discussion concluded and emphasized that while co-branding may offer some consolation to those effected by cultural appropriation, it is imperative for the Government to bridge existing legal gaps and take proactive steps to safeguard Indian traditional knowledge globally.

A Legal Issues Seminar was conducted by Vanshika Gupta, Associate, on the Topic “Whether Compulsory License Requires Absolute Refusal By The Copyright Owner?” 

The session examined the scope and interpretation of the compulsory licensing framework, focusing on whether outright refusal by the copyright owner is a precondition for invoking compulsory license. Through a discussion of judicial precedents, the seminar analyzed how courts have evolved in their understanding of “refusal”, extending it to include unreasonable or prohibitive licensing terms that effectively restrict public access. The seminar concluded that the legislative intent behind the compulsory licensing regime lies in preventing unjust withholding of works from the public and ensuring equitable access on fair, transparent, and non-discriminatory terms.  

The Presentation can be accessed here.

Sheja Ehtesham and Ashwani Balayan will be at the International Trademark Association (INTA) Leadership Meeting next week in Hollywood, Florida.

The INTA Leadership Meeting brings together trademark and IP leaders from around the world to discuss global enforcement strategies, brand protection, and evolving challenges in the IP landscape. We’re looking forward to connecting with peers, exchanging ideas, and strengthening international collaborations.

A Legal Issues Seminar was conducted by Alolika Chakraborty, Trainee Associate, on the topic “Do compositions based on traditional ragas qualify as original musical works?”

The session examined the intersection of copyright law and Hindustani classical music, focusing on whether compositions rooted in traditional ragas can qualify as original musical works. Drawing from statutory principles and judicial interpretations, the discussion explored how Indian copyright law assesses originality in the context of creative expression built upon traditional frameworks. The seminar concluded that the determination of originality in classical compositions must rest on the statutory requirement of independent creation.

The Presentation can be accessed here.

During the last PWS session, Diya Agrawal, Trainee Associate, led a discussion on the topic: “Do alterations or removals of tattoos violate the moral rights of the tattoo artist?” The participants explored whether moral rights should apply when the artwork is permanently inked onto a living person’s body, considering that the artwork becomes intrinsically tied to the individual’s bodily autonomy. The session delved into whether tattoo artists can assert moral rights if a tattoo is modified or removed privately, without any commercial or public display. Additionally, the discussion addressed the copyright eligibility of AI-generated tattoo designs, including questions of authorship and the associated moral rights of such creations. The session highlighted that while moral rights are important for preserving the creative integrity of tattoo artists, they cannot supersede an individual’s right to bodily autonomy, including their ability to modify or remove tattoos from their own body.