A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Vanshika Gupta, Trainee Associate on “Is there a threshold to determine ‘Bad Faith’ under trademark law?”. The seminar explored the relevant provision of Section 11(10) of the Trade Marks Act, 1999. The discussion highlighted divergent views taken by the Court to interpret bad faith in cases involving trademark squatting, misuse of established brand reputation, and deliberate market confusion. The members discussed the various indicators of bad faith such as the lack of honest intention, unethical commercial behavior, and failure to conduct due diligence. The session concluded with a discussion on dishonest trademark practices.

The presentation can be accessed here.

During the last PWS session, Megha Hurkat, Trainee Associate, led a discussion on whether AI systems should be held accountable for breaches of confidentiality and security. The session explored if AI could be treated as legal entities and debated its autonomy in processing sensitive data. They examined the accountability challenges posed by AI operating as “black boxes” and the gaps in responsibility for confidentiality breaches. The session concluded that AI, lacking moral agency or legal personhood, cannot be held accountable like humans or organizations and that instead, accountability lies with developers, operators, and regulators overseeing these systems.

A ‘Special Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Garima Chauhan and Manish Kumar, Trainee Associates, on “Year in Review – Notable IP developments: Quarter 3 (July to September)”. The seminar discussed the notable judgements from the third quarter of 2024 in the practice areas of trademark and copyright. The seminar was the third session of the “Year in Review Series” that discusses notable developments in IP law in 2024.

A ‘Special Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Garima Chauhan and Naman Keswani, Trainee Associates, on “Year in Review – Notable IP developments: Quarter 2 (April to June)”. The seminar discussed notable decisions from the second quarter of 2024 in the practice areas of trademark, copyright and domain name disputes. The seminar was the second session of the “Year in Review Series” that discusses notable developments in IP law in 2024.

During the previous PWS session, Richa Pushpam, Trainee Associate, hosted a discussion on “Is creating imitations of existing artworks justifiable for enhancing cultural dialogue and accessibility?” The session commenced with discussion on whether imitations of existing artworks can be legitimately classified as fair use. The members discussed whether legal protections should be adjusted to allow more freedom for imitation artists in the interest of cultural discourse. The session progressed into whether imitations serve as a bridge for underserved communities to engage with iconic artworks. The session concluded with the understanding that imitations of existing artworks may be allowed to enhance cultural dialogue and accessibility, provided it is done with transparency and reasonable checks and balances to appropriately remunerate and protect the rights of the creators of the original artwork.