In the recent PWS session, Nivrati Gupta, Associate, hosted a discussion on “Should Freedom of Expression Take Precedence Over Trademark Rights in Parody, Satire, and Criticism?” In the session the attorneys discussed the delicate balance between trademark protection and freedom of expression, in the context of parody, satire, and criticism. The attorneys explored how the law should distinguish between protecting brand identity and allowing space for creative and critical commentary.
ALG announces the well-deserved promotions of some of our team members!
Please join us in congratulating:
We’re proud to recognize their commitment and contribution to ALG and are excited to see them drive success, collaboration and innovation at ALG in their new roles.
Let’s raise a virtual toast to their success!
A ‘Special Legal Issues Seminar- General IP’ (SLIS-GIP) was conducted by Uroosa Shahzad and Arundathi Krishnadas, Associates, on “Comments to the Bureau of Indian Standards on the e-commerce rules for self-governance”. The seminar covered ALG’s comments to the draft E-Commerce Principles and Guidelines for Self-Governance published by the Bureau of Indian Standards, Ministry of Commerce. The session also addressed existing laws governing e-commerce, such as the Consumer Protection (E-Commerce) Rules, 2020, the Information Technology Act, 2000, the Legal Metrology Act, 2009, etc.
The members engaged in a lively discussion and debate on the best practices of e-commerce self-governance.
During last week’s PWS Session, Naman Keswani (Associate) hosted a discussion on the topic “Should the duration of copyright protection be reconsidered to allow for perpetual renewal?”. The session commenced with an in-depth discussion on the rationale behind the limited protection of copyrighted works, and whether such protection should be allowed perpetually, as other forms of tangible property. The discussion explored arguments in favour, highlighting that protection for an elongated or even perpetual duration does not hinder creativity, while opposing views focused on how granting an option to protect copyright perpetually would affect public knowledge. and further creativity. The session further delved into what kinds of copyrighted work would attract perpetual protection, and how the current legal framework, by way of fair use, would ensure a balance. The session concluded that copyright protection can be reconsidered for limited extensions in specific cases but moves towards perpetual protection must be approached with caution to preserve the balance between incentivizing creators and safeguarding the public domain.
A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Sonal Kumari, Trainee Associate, on “What is the threshold of use of a trademark to claim Quia Timet Action?”. The seminar discussed relevant provisions under the Trade Marks Act, 1999 and the Code of Civil Procedure, 1908 to determine whether an anticipatory infringement claim is maintainable via Quia Timet Action. The session analysed various judgments where the courts tried to strike a balance between credible threats and mere apprehensions. The seminar concluded with the members exchanging their views on what constitutes as “Imminent Threat” to establish a claim of Quia Timet Action under the Trade Marks Act, 1999.
The presentation can be accessed here.
