Intellectual Property Updates From India

INTRODUCTION

As we reach the third quarter of 2022, we have witnessed no dearth of pathbreaking developments in the field of Intellectual property rights. One of the most noteworthy developments is that Supreme Court while interpreting Section 63 of the Copyright Act, 1957 held that Copyright Infringement is a 'Cognizable & Non-Bailable Offence', setting aside any ambiguity related to the section. This newsletter also tracks interesting jurisprudence and decisions taken by the Supreme court and various State High Courts in areas such as the invisible use of a trade mark, scope of patent linkages, the defence of De Minimis and Fair Use in context of Copyright Infringement, interpretation of 'term' of copyrighted works and several others.