Tag: software

Fresh Amendments to the Copyright Rules: Are these enough?

A new amendment in the copyright rules has been in the works since 2019. The Department of Industry and Internal Trade had proposed the rules with the aim of increasing efficiency in the procedural law. The last amendment happened in 2016 when “services” were brought under the purview of the copyright act. However, as technology … Continue reading Fresh Amendments to the Copyright Rules: Are these enough?

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Recognition of Doctrine of Copyright Exhaustion in Software in India

The Doctrine of Exhaustion, which is an internationally recognized legal principle, in layman’s terms, can be explained as a principle per which a copyright owner’s right over their creation, i.e., their right to control reproductions or copies of their work, exhausts whenever the ‘first sale’ is made by the owner or by taking their consent. … Continue reading Recognition of Doctrine of Copyright Exhaustion in Software in India

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Copyright Ownership of Abandonware

There are several old versions of different software no longer distributed or supported by their owners as they tend to shift their focus to the newer versions and find these older versions less profitable. “Abandonware” is the name given to refer to these old versions. In common parlance, the term is used to denote “out-of-print” … Continue reading Copyright Ownership of Abandonware

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Softwares Copyrightable Under The Indian Copy Right Act

Introduction Computer instructions that tell the computer how to work is software. Software is an extremely sensitive creation for the creator. Software is at risk at every stage of its construction. There is a risk of the creation getting stolen, hacked or leaked. Once such a calamity happens the creation is compromised. The drawbacks of … Continue reading Softwares Copyrightable Under The Indian Copy Right Act

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Role of Section 3(k) in Patent Application by Apple Inc.

This article focuses on the involvement of Section 3(k) in the process of patent application of Apple titled ‘a method for browsing data items with respect to a display screen associated with a computing device and an electronic device’. For reference to those unaware of this section, S 3 of the Indian Patents Act, 1970 … Continue reading Role of Section 3(k) in Patent Application by Apple Inc.

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And we thought Java API’s were open?

Oracle vs. Google is truly one of the most amazing IP battles that I have personally observed in the recent past. What millions of developers and customers would have literally thought to have been considered open Application Programming Interfaces (API’s) when it comes to JAVA, is potentially turning out to be proprietary from the perspective … Continue reading And we thought Java API’s were open?

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Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

The present case had been filed by plaintiff (Pine Labs Pvt. Ltd) against defenders (Gemalto Terminals Pvt. Ltd & others) for a decree of declaration, perpetual injunction and rendition of accounts. The suit was listed before High Court of Delhi on 7th October, 2009. Injunction was granted by court restraining the defendants, their assigns, licensees, … Continue reading Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

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International Patent Protection in Electronics & It (Sip-Eit) Scheme by Dit

It is enriching to hear and read so much of focus going these days into Innovation at Grass Root and Startup level. With initiatives being taken at all levels by Stakeholders including FICCI, MSME, DIT, and NASSCOM, the next wave of the so called Start-up innovation can really be envisioned. As has correctly been stated … Continue reading International Patent Protection in Electronics & It (Sip-Eit) Scheme by Dit

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The Bilski Battle Ends…still the war of Patenting Business Method is on…

Introduction:- Do you need one? I am sure by this time you would have read or heard about the Bilski case somewhere. Well it’s not too late to know about it. Petitioner filed a patent application that claims a Business method @ USPTO. The claim included a subject matter that explains how commodities buyers and … Continue reading The Bilski Battle Ends…still the war of Patenting Business Method is on…

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