Supreme Court on Intellectual Property + Intellectual Property

Supreme Court on Intellectual Property

This one-volume comprehensive and exhaustive Digest on the subject of Intellectual Property is a complete source for the entire case-law on the subject, from 1950 till date* as laid down by the Supreme Court. As a special feature, to aid a more holistic study of the law, the bare text of the statutory provisions (sections of the Copyright Act, Trade Marks Act, Patent Act, etc.) has been juxtaposed with the case law on that statutory provision.

The Digest has been conceived and planned on the time-tested SCC index system to enable the discovery of all the rulings, easily and quickly. Case-law has been digested under important topic headings like First Sales Doctrine/Exhaustion Principle; TRIPS Agreement; Copyright; Industrial Designs; Patents; Trademarks and Passing Off; Geographical Indications and Practice and Procedure.

Further, Case-law has also been digested under all the important governing statutes like Copyright Act, 1957; Designs Act, 2000; Patents and Designs Act, 1911; Patents Act, 1970; Merchandise Marks Act, 1889; Trade and Merchandise Marks Act, 1958; Trade Marks Act, 1940; Trade Marks Act, 1999; Geographical Indications of Goods (Registration and Protection) Act, 1999; and sixteen Amendments/Rules/Regulations/Conventions, etc.  

The rulings have been arranged under both topic and statutory headings, interconnected by a well-planned cross-reference system supported by synopsis wherever necessary to make research of relevant rulings convenient.  Another very useful feature of this Digest is that since digest notes on the same or similar points are naturally placed close to each other, by locating the digest notes on any known case from the Table of Cases Digested, other relevant rulings on that point can easily be located nearby. The regular features like cross-citations, annotations, Coram details, editorial notes, and comments also continue.

This systematic, analytical and comprehensive one-volume digest will be of immense use to the courts, legal professionals, and members of the Bench.

Intellectual Property

Intellectual Property law is an emerging area of law and envelopes all creative activities of mankind. The development of society being interlinked to creativity, the importance of this branch of law assumes much significance in modern days. In this context it is worthwhile to learn the gamut of laws in the realm of intellectual property. Learning of intellectual property combines legislative interpretation with case laws and also a tangy touch of science in some branches.

Apart from the legislations, our courts place much reliance on the case laws of foreign jurisdictions while deciding cases on intellectual property law. As practicing lawyers we could stir and spice up the book with the right flavour of case laws needed for a practitioner and a student of law. A creator of intellectual property would also need to look into the case laws to understand the law in practice.

This revised edition has updated the case laws of India and also the important cases in other jurisdictions. The judgment in Britannia Industries Ltd v. ITC Ltd.1 which has laid down the test for assessing deceptive similarity in an action for infringement and passing off and the landmark judgment in Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd.2 which re-defined transborder reputation are also included in this revision. We have strived to keep the readers abreast with the latest developments and have also included the latest Tribunals Reforms Act, 2021.