The session focused on the standards for copyright protection in relation to compilations, particularly the shift from the traditional “sweat of the brow” doctrine to the requirement of a “modicum of creativity.” The session examined key judicial precedents regarding how Courts have assessed originality in the selection, arrangement, and coordination of material. It was noted that while effort and skill may be relevant, copyright protection is ultimately contingent on the presence of originality. The seminar concluded with the observation that the threshold for originality remains a nuanced and evolving issue under Indian copyright law.

The Presentation can be accessed here.

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.