4 ASIAN LEGAL BUSINESS – INDIA E-MAGAZINE NOVEMBER-DECEMBER 2023 During a technological revolution, the legal industry plays a pivotal role in ensuring continuous innovation by protecting intellectual property. In this context, two prominent intellectual property lawyers in the country shed light on the unique challenges faced by India’s IP market, providing insights into how their practice is navigating the growing challenges of IP protection in the digital age. ALB: Over the past year, can you highlight a significant case or project in the field of intellectual property that you worked on, showcasing the unique challenges and solutions you provided for your clients? Arjit Benjamin, associate partner, Prosoll Law: There was an ongoing debate this year over whether music can be played in marriage-related ceremonies in locations where there is a possibility of a commercial gain. We were approached by a client pursuant to a license fee demand by a copyright society for their music to be played in a certain hotel premises. There were mixed opinions by various courts on the said aspect till the Department of Promotion of Industry and Internal Trade (DPIIT) issued a public notice in July highlighting that playing of sound recordings or live performance of songs in marriages and other social festivities associated with marriage without obtaining licenses should not be considered as copyright infringement, but what qualified as social festivities associated with marriage is still not clear. Will a marriage anniversary qualify as a festivity associated with marriage, or will a marriage reception held a fortnight after the marriage ceremony qualify as a festivity associated with marriage? We are currently assisting our clients in pursuing the cases on the basis of the nature of the events, the nature of the festivities and the extent of the association with marriage. Rahul Parmar, co-founding partner, InventIP Legal Services: One standout instance was our assistance in defending a potential patent infringement suit. Through meticulous analysis, we were able to clearly distinguish our client’s products and software from the alleged patent, averting what could have amounted to a significant financial burden potentially ranging between $1.5 and $3 million. Additionally, we contributed to the establishment of structured processes for capturing patent-worthy ideas, and setting up efficient intellectual property (IP) procedures. Our involvement extends to participating in the patent committee, which regularly convenes to assess ideas originating from various sources and recommends those deemed worthy of filing to the higher management. Following approval, we assisted them in drafting, filing and prosecuting patent applications, ensuring comprehensive support throughout the IP lifecycle. ALB: In the realm of intellectual property, client requirements can vary widely. Could you share an example of a client with specific needs or expectations that required a tailored approach, and how you addressed those demands effectively? Benjamin: We recently advised an international technology company on issues arising out of violation of obligations under a technology licensing DECODING INDIA’S IP LANDSCAPE IN THE DIGITAL AGE During a technological revolution, the legal industry plays a pivotal role in ensuring continuous innovation by protecting intellectual property. In this context, two prominent intellectual property lawyers in the country shed light on the unique challenges faced by India’s IP market, providing insights into how their practice is navigating the growing challenges of IP protection in the digital age. BY NIMITT DIXIT Image: Sasin Paraksa/Shutterstock.com Viewpoint
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