During last week’s PWS Session, Malveka Nautiyal, Trainee Associate, led a discussion on “Whether Granting Trademark Protection to Architectural Designs of Heritage Buildings Aligns with the Larger Public Interest?” The session started with a discussion on the feasibility of trademark protection in relation to architectural designs and images of heritage buildings. The members discussed the proposition from the perspective of publicis juris i.e. the public’s right of access to heritage buildings, and to what extent those rights would be impeded if trademark protection were to be granted to images of heritage buildings. The members explored the contours of private versus public rights against the backdrop of heritage buildings and IP protection using examples from across the world, weighing in questions of jurisdiction, scope of protection, and advantages thereof.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Arundathi Krishnadas, Associate, on “Can an Arbitrator Conduct Independent Research in INDRP Proceedings?”. The seminar delved into the competency of an arbitrator to conduct and rely on independent research-based findings in rendering decisions in INDRP proceedings. The seminar also discussed the extent to which Courts have permitted such independent research by an Arbitrator. The seminar drew a parallel between “limited independent research” permitted in UDRP proceedings and highlighted the lack of precedents to determine such a limit in INDRP proceedings. The session concluded with a discussion on the importance of the exercise of the principle of fair opportunity by an arbitrator in context of conducting independent research while rendering an arbitral award.

The presentation can be accessed here.

Wishing all our friends, clients and colleagues a wonderful holiday season and a very Happy New Year 2024!

At ALG we celebrated together over cake, festivities and secret gift exchanges which were surrounded with much suspense, intrigue and laughter!

ALG Of Counsel and Former Deputy Registrar of Trade Marks Mr. R.A. Tiwari will be speaking during the upcoming World Intellectual Property Forum in Bengaluru on IP Asset Management – A Strategic Perspective. The session will take place on January 12, 2024

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Malveka Nautiyal, Trainee Associate, on “What is the Threshold of ‘Public Interest’ under the Right to Information Act, 2005?” The seminar explored how the Courts and the Central Information Commission (‘CIC’) interpret the term “Public Interest”.

The session discussed situations wherein the question of ‘public interest’ as a ground for disclosure of information otherwise exempted under the RTI Act, was examined by the Courts. The session also delved into the contrary stances taken by the Courts and the CIC on what would constitute ‘public interest’ when dealing with concepts like ‘commercial gain’, ‘fiduciary relationship’, and ‘competitive position’. Further, the session delved into the extent to which information pertaining to intellectual property may be withheld or disclosed under the RTI Act.