Intellectual Property Rights Infringement And Remedies

Intellectual Property Rights Infringement And Remedies

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Intellectual Property Rights Infringement And Remedies by Ananth Padmanabhan

Author Ananth Padmanabhan
Publication Date 2012



Publisher: Lexis Nexis Butterworths 

Intellectual Property Rights: Infringement and Remedies is a comprehensive work that discusses the entire gamut of Intellectual Property Rights using the standpoint of infringement of these rights, and the remedies available therefor. There are four important aspects relating to trade marks, patents, copyright, designs and the common law protection for trade secrets, confidential information and character merchandising that this book addresses. These are: (1) the scope of the right in question; (2) the manner in which it is violated; (3) the defences available against allegation of such violation; and (4) the remedies to tackle such violation. This book analyses each of these aspects in a structured fashion, laying emphasis on the principles governing them.

The book is first of its kind to discuss extensively the possible ramifications of, and interpretive issues arising from, the Copyright (Amendment) Act, 2012. In particular, the book addresses issues arising from the newly created ‘remunerative right’ to receive royalties and the prohibition on assignment of such rights, introduced for the sake of protecting the interests of music composers and lyricists. It also addresses the scope and ambit of the new fair use exceptions introduced by the Amendment to benefit intermediaries, file-sharing sites and non-commercial public libraries. This book is a useful companion for legal practitioners as it addresses issues in both substantive and procedural legal domain.

Key Features

  • Examines several interesting issues and recent controversies in the field of IPRs such as:
    • trade mark protection for adwords
    • dilution of well-known trade marks
    • copyrightability of databases post the decision in Modak
    • intermediary liability for copyright infringement
    • evolution of the fair use defense
    • patentability of computer software
    • restrictions on evergreening
    • patent linkage
    • parallel importation and IPR restrictions
    • domain name infringement
  • An extensive discussion on Jurisdiction and Competence to Sue and the Draft Prayer for infringement suits
  • Provides a detailed discussion on the meaning and scope of each right, remedies available in case of breach and the valid defenses in any infringement action
  • Lucid explanation of complex and fundamental concepts relating to Intellectual Property Law
  • Discusses the possible ramifications of, and interpretive issues arising from, the Copyright (Amendment) Act, 2012
  • Includes latest case law viz
    • Indian Performing Rights Society Ltd. v Aditya Pandey 2012(50) PTC 460 (Del).
    • Consim Info Pvt Ltd v Google India Pvt Ltd [2011] 45 PTC 575, (2010)5 LW 385
    • Tata Sons Limited v Greenpeace International 2011 (45) PTC 275, 178 (2011) DLT 705, MIPR 2011 (1) 107
    • Super Cassette Industries Ltd v Myspace Inc., MIPR 2011 (2) 303
    • ITC Ltd v Philip Morris Products SA 2010 (42) PTC 572, 166 (2010) DLT 177, MIPR 2010 (1) 131
    • Satyam Infoway Ltd v Sifynet Solutions Pvt Ltd (2004) 6 SCC 145
    • Eastern Book Company v DB Modak (2008) 1 SCC 1, AIR 2008 SC 809, [2007] 13 SCR 182, 2007 (14) SCALE 191, 2008 S(36) PTC 1
    • Gramophone Co. of India Ltd. v Super Cassette Industries Ltd MIPR 2010 (2) 349, 2010 (44) PTC 541 (Del).
    • Bayer Corporation v Cipla, Union of India Ors. 2009 (41) PTC 634, 162 (2009) DLT 371
    • F. Hoffmann-LA Roche Ltd. v Cipla Ltd 2009 (40) PTC 125
    • Novartis AG v Union of India MIPR 2009 (2) 345.
    • Bajaj Auto Ltd. v TVS Motor Company (2009) 9 SCC 797, 2009 (12) JT 103, 2009 (12) SCALE 546, 2009(41) PTC 398

About the Author
Ananth Padmanabhan practices in Madras and is consulted on copyright law and IPR in general by the music and entertainment industry from all over India. He appeared before the Parliamentary Standing Committee in 2010 to present submissions on the Copyright (Amendment) Bill, 2010. He has also been involved in several high-profile IPR litigations including the trade mark infringement dispute over Google adwords, the dual-SIM patent infringement dispute, and the FM radio compulsory licensing dispute. Apart from his litigation and advisory work, Ananth has also visited National Law University, Jodhpur to offer a seminar on Copyright Law, and offers lectures at the Bharatidasan Institute of Management in Trichy and various other B-schools. He is also a regular speaker at events organized by the MHRD IPR Chair at Cochin University of Science and Technology.



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