It is possible to exclude others from performing certain acts under intellectual property laws. At the same time, they can license those acts to third parties and keep ownership while granting them special permission.

As far as licensing intellectual property is concerned, there are several types of licensing agreements available, which may broadly be categorized as:

Voluntary Licensing

Voluntary licensing is defined in Section 30 of the Indian Copyright Act. By a license in writing signed by him or his duly authorized agent, the owner of the copyright in any existing work or prospective owner of the copyright in any future work may grant any interest in the right.

A license can be granted by the copyright owner of any existing work or by the prospective owner of any future work. For a future work, however, the license will only become effective when the work is created.

Compulsory Licensing

Works that are withheld from the public are subject to compulsory licensing under Section 31 of the Indian Copyright Act. In the event the copyright owner refuses:

Has refused to allow the performance of the work in public or has republished the work or allowed its republication.

Broadcast or sound record the work on reasonable terms, or, if it is recorded in a sound recording, allow public communication of the work by way of such a broadcast or recording.

When the owner of the copyright has been given a reasonable opportunity to be heard and an enquiry is conducted, the Copyright Board can direct the Registrar of Copyrights to grant the complainant a compulsory license to republish, broadcast, or communicate the work to the public, if satisfied. In such a case, the Registrar of Copyrights will grant the complainant a license.

Additionally, a compulsory license can be granted in the case of unpublished Indian works. The same is provided for in Section 31A. Anyone can apply to the Copyright Board for a license to publish an unpublished work whose author is deceased, unknown, or cannot be traced.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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