Intellectual Property

The Supreme Court of India has dismissed Flipkart's special leave petition challenging the Delhi High Court's injunction that restrained the e-commerce giant from using the trademark MARQ and MARQ by Flipkart for its private-label electronics brand. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi declined to interfere with the lower court orders, but granted Flipkart eight weeks to exhaust its existing inventory bearing the impugned mark. The dispute was broug

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On April 10, 2026, the Delhi High Court delivered an important judgment in First Appeal FAO-IPD 46/2021 (Flipkart India v. Marc Enterprises) that upheld an interim injunction restraining Flipkart from using the mark 'MARQ' in its commerce. The Court held that 'MARQ' is deceptively similar to the respondent's registered trademark 'MARC' and would likely cause confusion among consumers. This decision is a significant development in trademark law, particularly for e-commerce pla

The Delhi High Court has articulated refined principles governing injunction relief in trademark infringement disputes through its March 2026 decision in Mahindra and Mahindra Limited v. Diksha Sharma. The judgment addresses the dynamic injunction doctrine, which permits courts to refine injunction scope based on evolving factual circumstances. Rather than issuing blanket prohibitions, courts now craft proportionate relief addressing identified infringement risks while preser

When an inventor develops an innovation during employment, who owns the patent, the company or the individual? A landmark 2026 Delhi High Court ruling has brought much-needed clarity to this question, resolving conflicting judicial opinions on the validity of employment agreements as proof of ownership rights in patent applications. Understanding Patent Ownership Rights Under India's Patents Act, 1970, the right to file a patent application belongs to the true and first inv

Indian trademark law has expanded dramatically in 2026 to protect non-traditional marks, moving beyond the traditional text and logo-based trademarks that dominated the early 20th century. The Trademark Rules, 2025 amendments now explicitly recognize sound marks (musical jingles and sonic branding), motion marks (animated logos and movement patterns), color combination marks (signature color schemes), and scent marks (distinctive fragrances). This modernization aligns India w

India's intellectual property ecosystem is experiencing unprecedented growth. From 2020-21 to 2024-25, overall IP filings increased 44 percent, surging from 4,77,533 to 6,89,991 applications. The growth is not uniform across categories: Geographical Indications registered a 380% increase, Designs surged 266%, Patents grew 180%, and Copyright filings expanded 83%, while Trademarks increased 28%. On March 9, 2026, Commerce Minister Piyush Goyal launched a revamped IP India webs

India's Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force on 15 September 2003, provides legal protection to products that owe their quality, reputation, or other characteristic to their geographical origin. From Darjeeling tea and Basmati rice to Madhubani paintings and Kanchipuram silk, over 600 Indian products now carry GI status, making India one of the most active countries globally in GI registration. What a GI Tag Means L

Standard Essential Patents (SEPs) are patents that cover technology included in technical standards set by standards-setting organisations. Examples include patents covering 3G, 4G, DVD, and Wi-Fi technology. When a patent covers a standard that has been declared essential to implementing that standard, it becomes a powerful asset but also subject to unique constraints. In January 2026, the Delhi High Court delivered an important judgment concerning SEP enforcement and royalt

Intellectual property protection is critical for creators, authors, musicians, software developers, and businesses relying on original creative works. India's copyright framework, established through the Copyright Act 1957 and administered by the Department of Intellectual Property, grants exclusive rights to creators over their works. While copyright subsists automatically upon creation, registration with the Copyright Office provides evidentiary benefits in litigation and e

India's maritime law framework underwent fundamental modernization in 2025 with the enactment of the new Merchant Shipping Act, replacing the colonial-era Merchant Shipping Act of 1958 that had governed India's maritime sector for nearly seven decades. The new Act represents a comprehensive overhaul of vessel registration, maritime safety standards, marine environmental protection, seafarer welfare, and port operations, bringing Indian maritime law into alignment with interna

A patent grants its holder the exclusive right to prevent others from making, using, selling, or importing an invention in India for a period of 20 years from the date of filing. The Indian Patents Act, 1970, as amended, governs the grant and enforcement of patents in India and is administered by the Office of the Controller General of Patents, Designs and Trade Marks. India is a party to the Patent Cooperation Treaty, allowing applicants to file a single international applic

INTRODUCTION ChatGPT and similar generative AI models have smashed down on the creative industries like the fist of God, by enabling the rapid production of text, images, and music. While these technologies have paved the way for new forms of artistic expression, they also bring with them a whole slew of copyright challenges that require rethinking traditional intellectual property laws. In India, copyright is governed by the Copyright Act of 1957, which protects original wor