India, Saikrishna & Associates updates

Intellectual Property

Contributed by Saikrishna & Associates
AI and copyright authorship: still mind over matter?
  • India
  • 02 March 2020

AI systems are evolving rapidly and their capacity to be creative, autonomous, rational and self-learning are blurring the lines between original works, which are products of human intellect capable of copyright protection, and mere computer-generated works. As such, the AI landscape is challenging conventional copyright laws in India and internationally and raising a number of legal implications and ambiguities regarding ownership, authorship and accountability in AI-generated works

District court grants significant damages in IP case, paving the way for future decisions
  • India
  • 09 September 2019

The Indian district courts rarely grant significant damages in IP cases. However, this recently changed as a district court in Ahmedabad passed a significant judgment restraining the defendants from using the plaintiffs' software and ordering the defendants to pay $81,1795 in damages. This judgment is the first of its kind and will pave the way for other district courts to award damages in infringement suits in accordance with the irreparable loss and damage suffered by plaintiffs.

Newly recognised tool for effective and expedient resolution of technical matters
  • India
  • 05 August 2019

The Delhi High Court recently recognised, for the first time, the merit of applying Section 20 of the Evidence Act 1872 in technical IP matters. This decision may have far-reaching consequences in the IP world, as it could eliminate the controversy surrounding infringement suits which involve complex technical questions and help the courts to reach a finding by relying on the opinion of an expert agreed on by both parties.

Moral rights: can authors waive their special rights?
  • India
  • 18 March 2019

The Copyright Act specifically addresses authors' special rights, which comprise the right to claim authorship of a work and the right to prevent any distortion, modification or mutilation of a work which would be prejudicial to the author's reputation. While jurisprudence on moral rights is still relatively limited, a few foundational cases are emblematic of India's approach and the associated legal issues.

Is extraterritorial application of Copyright Act possible?
  • India
  • 23 May 2016

In Banyan Tree Holding v A Murali Krishna Reddy the Delhi High Court clarified the importance and scope of the special jurisdiction provision (ie, Section 62 of the Copyright Act 1957). However, there seems to be a school of thought that Section 62 vests Indian courts with untrammelled long-arm jurisdiction even in strictly extraterritorial situations.

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