During the last PWS session, Shivanshi Gupta, Associate, hosted a discussion on “Whether a Centralized Digital Music Licensing Registry Strengthens Transparency and Equity in the Music Industry?” The participants examined whether such a registry could ensure equitable royalty distribution for independent artists, or if major record labels and established performers would continue to dominate revenue flows. The session also explored whether a centralized system would simplify licensing for small venues, startups, and digital platforms, or if increased compliance requirements and bureaucracy would pose new challenges. The attorneys further reflected on whether such a mechanism would promote fairness and accessibility in music licensing or risk reinforcing existing disparities within the industry.

The session focused on the evolving standards for establishing territorial jurisdiction in trademark infringement and passing off matters, with reference to key provisions of the Trade Marks Act and the Code of Civil Procedure. Through discussion of judicial precedents, the seminar examined how Courts have interpreted the listing or accessibility of products on e-commerce platforms such as IndiaMart. It was noted that mere online availability, in the absence of targeted engagement /commercial activity directed at the forum state, does not by itself confer jurisdiction. The seminar concluded with the finding that territorial jurisdiction is established only where there is demonstrable evidence of commercial intent or actual transactions within the forum state, and that passive or general online presence is insufficient. 

The Presentation can be accessed here.

ALG’s Patents and IP litigation practice chair Ashwani Balayan will be in San Diego for the Intellectual Property Owners Association (IPO) Annual Meeting 2025 from September 7–9. The conference features educational programs and panel discussions, committee meetings, workshops, networking events, and much more. This must-attend event brings together IP professionals from around the world to share strategies, explore trends, and exchange best practices.

If you would like to meet with Ashwani during the event, please feel free to reach out.

During the last PWS session, Sonal Kumari, Associate, hosted a discussion on “Whether the takedown mechanisms undermine freedom of speech and expression in the digital space?” The participants discussed how automated takedown systems function in the real world and whether they strike the right balance between copyright protection and free expression. The session explored the process of takedown and appeal and whether such mechanisms serve as essential safeguards against large-scale piracy or risk being misused to silence legitimate speech such as parody, criticism, and political commentary. The attorneys further reflected on whether these mechanisms represent enforcement of ownership rights or drift into censorship, highlighting the need for a balanced, hybrid approach.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Bhavya, Associate on “What constitutes bona fide intention to use a trademark in India?​”

The seminar discussed the requirement of bona fide intention to use a trademark at the time of filing an application for registration. Through key judgments, the seminar explored judicial opinions on how Courts assess whether factors such as licensing arrangements or plans to enter the market demonstrate a bona fide intention to use the mark, or whether the registration reflects a merely defensive or speculative claim. The session concluded with the observation that Indian jurisprudence adopts a balanced approach, recognising bona fide intention where preparatory acts are genuine and substantial, while rejecting registrations based on token, defensive or purely strategic filings.

The Presentation can be accessed here.