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
ISBN 9788180387937
Publisher Lexis Nexis Butterworths

Intellectual Property Rights: Infringement and Remedies is a thorough work that examines the whole range of Intellectual Property Rights from the perspective of infringement and the remedies available. This book covers four major areas of trade marks, patents, copyright, designs, and common law protection for trade secrets, private information, and character merchandising. These are: (1) the breadth of the right in question; (2) how it is violated; (3) the defences available to an allegation of such a breach; and (4) the remedies available to address such a violation. This book examines each of these characteristics in a systematic manner, focusing on the principles that govern them.

The Copyright (Amendment) Act, 2012, and its potential repercussions, as well as interpretation concerns, are extensively discussed in this book, which is the first of its type. The book specifically covers concerns emerging from the newly created'remunerative right' to royalties and the restriction on assigning such rights, which were enacted to protect the interests of music composers and lyricists. It also discusses the scope and use of the Amendment's new fair use exceptions, which favour intermediaries, file-sharing services, and non-commercial public libraries. This book is an excellent resource for legal professionals because it covers both substantive and procedural issues.

Key Features of Intellectual Property Rights Infringement And Remedies

  • Examines a number of important themes and contemporary debates in the subject of intellectual property rights, including:
    • 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
  • Jurisdiction and Competence to Sue, as well as the Draft Prayer for Infringement Suits, are discussed in depth.
  • Provides a thorough examination of the meaning and scope of each right, as well as the remedies available in the event of a breach and the legal defences accessible in any infringement action.
  • Explanation of complicated and basic principles in Intellectual Property Law in a clear and understandable manner.
  • The Copyright (Amendment) Act, 2012, and its potential repercussions, as well as interpretation concerns, are discussed.
  • 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 is a Madras-based lawyer who advises the music and entertainment industries in India on copyright law and IPR in general. In 2010, he testified in front of the Parliamentary Standing Committee on the Copyright (Amendment) Bill, 2010. He's also been involved in a number of high-profile IPR cases, including the Google adwords trade mark infringement case, the dual-SIM patent infringement case, and the FM radio compulsory licencing case. Apart from his litigation and advising work, Ananth has lectured at the Bharatidasan Institute of Management in Trichy and other B-schools, and has given a seminar on Copyright Law at the National Law University in Jodhpur. He also speaks at events hosted by the MHRD IPR Chair at Cochin University of Science and Technology on a regular basis.


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