During last week’s Practice Work Shop (PWS) Session, Aishwarya Pande, Associate, led a discussion on whether the fair use doctrine is detrimental to the interests of copyright holders. The session witnessed an engrossing discussion on whether the exception leans more towards rights of the public than towards the rights of copyright holders. The session also explored the possibility of the exception being misused by unauthorized users to escape liability. The session concluded with some interesting exchange of views on ways to prevent such misuse, such that a balance is maintained between rights of the copyright holders and the public.

A ‘Special Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Tanisha Agarwal, Associate, on ‘When Should a Commercial Suit not be Instituted in an IP Matter Even if it is an Option?’. The seminar delved into the concepts of ‘commercial suits’ and ‘summary judgment’ which was brought about by the Commercial Courts Act, 2015. Reliance was placed on relevant judicial decisions to understand the rationale behind allowing summary judgments in IP matters and consequently, instances where a commercial suit should not be opted for. The session concluded with an interesting discussion on whether there can be any threshold for deciding whether a commercial suit should not be instituted in an IP matter.

The presentation can be accessed here.

During last week’s Practice Work Shop (PWS) Session, Samreen Iboo Sait, Associate, led a discussion on whether IP could play a role in curbing cultural appropriation in the fashion industry. The session witnessed an engrossing discussion on the line between inspiration and appropriation in the fashion industry. The session explored the role that IP plays in the fashion industry and whether it is a sanction vent for appropriation. The session concluded with some interesting exchange of views on the ways we can protect cultural expressions in order to curb appropriation in the long term.

A ‘Special Legal Issues Seminar-General IP’ (LIS-GIP) was conducted by Sannidhi Mahapatra, Associate, on “When is a Commercial Suit an Option in an IP Matter?”. The seminar delved into the objective behind the Commercial Courts Act, 2015, the concepts of ‘commercial dispute’ and ‘specified value’, and the jurisprudence of such proceedings in India. The session further explored the different instances when parties can apply for a summary judgment to expeditiously settle matters in the IP domain. Reliance was placed on relevant judicial pronouncements to understand the current position of the courts of law in respect of these proceedings. The session concluded with an interesting discussion on how effective this mechanism is and the options available to an aggrieved party in seeking interim relief.

The presentation can be accessed here.

During last week’s Practice Work Shop (PWS) session, Hardik Choudhary, Associate, led a discussion on “Can Co-Branding of Trademarks have Adverse Effects on Brand Awareness?”. The discussion explored various examples of co-branding and whether the pandemic has acted as a catalyst for co-branding. The discussion also delved into the advantages and disadvantages of co-branding for brand awareness, and the reasons thereof. The session concluded with some interesting exchange of views on consumers’ perspective on co-branding.