Trademark Dilution in India: Protecting Well-Known Marks Beyond Consumer Confusion
Introduction Trademark law has traditionally rested on a single, deceptively simple question: is the consumer likely to be confused? For decades, this “likelihood of confusion” test formed the backbone of infringement analysis across jurisdictions, including India. But as brands grew into cultural institutions—think of names like Tata, Amul, or global giants like Google and Rolex—a […]
Standard Essential Patents (SEPs) and FRAND Licensing: Competition versus Innovation
Introduction The modern technology ecosystem runs on interoperability. A smartphone manufactured in Vietnam, running software written in California, must seamlessly connect to a telecom tower in Mumbai — and this is only possible because of technical standards like 4G, 5G, and Wi-Fi that are adopted uniformly across the globe. Behind every such standard lies a […]
Copyright Protection for AI-Generated Works in India
ABSTRACT The emergence of generative artificial intelligence systems capable of autonomously producing literary, artistic, musical, and computational works has exposed a fundamental structural lacuna within India’s copyright architecture. This article examines whether the Copyright Act, 1957, as presently constituted, extends protection to works generated by AI systems without direct human creative intervention, analyses the definitional […]
YouTube Copyright Strikes
Introduction The digital landscape in India is experiencing an unprecedented boom. From comedy roasters and video essayists to tech reviewers and meme curators, Indian creators are driving global engagement numbers across YouTube, Instagram, and TikTok. Yet, this massive shift has brought a glaring issue to the forefront: the rampant abuse of the copyright strike system. […]
Can a school publish students’ marks and ranks online under the DPDP Act, 2023, without parental consent?
Abstract: The Digital Personal Data Protection Act, 2023 (DPDP Act), marks a watershed moment in India’s legal landscape, introducing a comprehensive framework for safeguarding personal data in the digital age. The central idea of this legislation is to protect the children’s data, defined as information of individuals below the age of eighteen years. This article […]
How is intellectual property protected for AI-generated art and text under the Indian Copyright Act, 1957?
Machines That Create, Laws That Don’t: Intellectual Property Protection for AI-Generated Art and Text Under the Indian Copyright Act, 1957 Published in: Law Vaani | Category: Intellectual Property Law Part I: Abstract and Introduction The emergence of generative artificial intelligence (AI) has inaugurated a new era of creative production in which machines independently […]
Legal Rules for “ International Commercial Arbitration “in India:The 2026 Framework.
Legal Rules for “International Commercial Arbitration” in India: The 2026 Framework Bertha Mashozhera Introduction International Commercial Arbitration (ICA) has become one of the most important methods of resolving cross-border commercial disputes in the modern global economy. With businesses increasingly engaging in international trade, investments, technology partnerships, and infrastructure projects, disputes involving parties from different countries […]