India – First Quarter Of 2019 key Intellectual Property Related Updates.

INTRODUCTION

 

This newsletter brings to you the key intellectual property related updates in India from the first quarter of 2019.

 

In particular, we cover the copyright infringement dispute between the publishing arm of Warner Music and Spotify. The impending launch of Spotify in India had created quite a stir and became a part of the ongoing global fight between the two global giants.

 

Presently, while Spotify has been launched in India, a copyright infringement case is pending before the High Court of Bombay. The dispute is significant as it will provide judicial precedent on the issue of an internet broadcaster obtaining a statutory license under the Copyright Act, 1957.

 

Of particular significance, the Supreme Court of India struck down a decision by the Delhi High Court, which held that Monsanto could not patent genetically modified cotton seeds, though we emphasise that the decision is based on procedural rather than substantive matters.

 

Also of interest, the American shoe manufacturer, Crocs lost a case before the Delhi High Court against a number of Indian manufacturers in relation to the alleged passing off of its registered designs.

 

Continuing the trend in penalizing habitual trademark infringers, the Delhi High Court imposed punitive damages to the tune of INR 3.85 crores (approximately USD 550,000) on one such infringer.

 

Finally, in a notable case involving television personalities, the Delhi High Court had the opportunity of revisiting and re-affirming the principles associated with personality rights in India in the context of false advertising.

 

The above-mentioned notable cases are discussed in the full report here.