“Education thrives when fair dealing is respected.” SHORT DESCRIPTION The decision in Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) is a landmark ruling that significantly strengthened the scope of fair dealing in the context of education. The Supreme Court of Canada clarified that teachers’ use of copyrighted materials for classroom instruction falls within the fair dealing rights of students. This judgment plays a crucial role in balancing co

“The internet has no borders, but the law still applies.” SHORT DESCRIPTION The judgment in Google Inc. v. Equustek Solutions Inc. is a globally significant decision that addressed the power of courts to issue worldwide injunctions against internet intermediaries. The Supreme Court of Canada examined whether a domestic court could require a global search engine to remove infringing content from its search results worldwide. This case is especially important in the context of

“Trademark law protects brands, not product ideas.” SHORT DESCRIPTION The judgment in Kirkbi AG v. Ritvik Holdings Inc. is a landmark decision that clearly delineates the boundary between trademark protection and patent law. The Supreme Court of Canada examined whether trademark law could be used to obtain perpetual protection over functional product features after the expiry of patent rights. This case is of immense importance in intellectual property law, as it reinforces t

“Copyright cannot be used to block genuine parallel imports.” SHORT DESCRIPTION The judgment in Euro-Excellence Inc. v. Kraft Canada Inc. is a landmark ruling that clarified the limits of copyright protection in commercial trade and intellectual property enforcement. The Supreme Court of Canada examined whether copyright law can be used as a tool to prevent the importation and sale of genuine goods lawfully manufactured abroad. This case is particularly significant for busine

“A digital download is not a new performance.” SHORT DESCRIPTION The judgment in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association is a landmark ruling that clarified how copyright law applies to digital downloads in the modern technological environment. The Supreme Court of Canada examined whether downloading copyrighted musical works embedded in video games constitutes a separate “communication to the public” requiring additi

“Providing access is not the same as authorizing infringement. SHORT DESCRIPTION This landmark judgment addressed the liability of Internet Service Providers in cases of online copyright infringement. The Supreme Court of Canada clarified the legal position of intermediaries in the digital environment and held that entities providing internet access are not automatically responsible for infringing content transmitted by users. The ruling continues to influence internet law an

“Fair dealing is not a loophole, it is a legal right.” SHORT DESCRIPTION The decision in CCH Canadian Ltd. v. Law Society of Upper Canada is one of the most influential judgments on copyright law globally. The Supreme Court of Canada clarified the scope of the doctrine of fair dealing and held that it is not merely a defence to copyright infringement, but a substantive right of users. This judgment plays a crucial role in maintaining the balance between the rights of copyrigh

“A registered design is a monopoly protected by law.” SHORT DESCRIPTION The judgment in Bharat Glass Tube Limited v. Gopal Glass Works Limited is a landmark decision of the Supreme Court of India on design infringement under the Designs Act, 2000. The Court clearly laid down that once a design is registered, the proprietor enjoys exclusive rights over its visual features, and even minor or superficial variations cannot be used as a defence to escape infringement. This case is

“Praise your product, but do not bury your competitor.” SHORT DESCRIPTION The decision in Colgate-Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd. is a seminal judgment on comparative advertising and product disparagement. The Delhi High Court clarified that while competitive advertising is an accepted commercial practice, it cannot be used as a tool to undermine the quality or reputation of a rival’s product. The case continues to guide courts and advertisers on th

“Health claims must be proven, not proclaimed.” SHORT DESCRIPTION The decision in Marico Limited v. Adani Wilmar Limited deals with misleading health and nutritional claims in advertising. The Delhi High Court examined whether an advertiser can claim superior health benefits without adequate scientific substantiation and reiterated that consumer trust cannot be compromised in the name of aggressive marketing. FACTS OF THE CASE Marico Limited, the manufacturer of edible oils,

“Comparison is allowed, deception is not.” SHORT DESCRIPTION The judgment in Britannia Industries Ltd. v. ITC Ltd. is a landmark ruling on the law governing comparative advertising in India. The Delhi High Court clarified the legal boundaries between fair competition and unfair trade practices, holding that while businesses may promote their products by comparison, such advertising must not mislead consumers or disparage a competitor’s goods, either directly or indirectly. FA

Copyright law must balance authors’ rights with public access through regulated compulsory licensing. Summary This landmark judgment dealt with the issue of compulsory licensing of sound recordings and the rights of radio broadcasters. Entertainment Network (India) Ltd. (ENIL), operating FM radio channels under the brand “Radio Mirchi,” sought a compulsory licence to broadcast songs owned by Super Cassette Industries Ltd. (T-Series). The Supreme Court examined how copyright l

Copyright in musical and literary works survives even after incorporation into a cinematograph film. Summary This is a classic Supreme Court decision clarifying the independent copyright of composers and lyricists in India. The case examined whether producers of cinematograph films automatically acquire the right to publicly perform or communicate songs once those songs are incorporated into films. The Court settled a long-standing dispute between copyright societies and film

Online intermediaries are protected from copyright liability only when they act responsibly after gaining knowledge of infringement. Summary This case is a landmark Indian ruling on copyright infringement and intermediary liability in the digital environment. Super Cassettes Industries Ltd. (T-Series), a major music company, sued MySpace, a social networking platform, for hosting and facilitating access to copyrighted music without authorization. The Delhi High Court examined

Educational use of copyrighted works can be lawful when it serves teaching and learning without commercial exploitation. Summary This case is one of the most significant Indian decisions on copyright exceptions for education. Leading academic publishers, including the University of Oxford, sued a photocopy shop operating within Delhi University for reproducing portions of copyrighted textbooks and selling course packs to students. The Delhi High Court examined whether such co

Copyright protects expression, not ideas — similarity in theme alone is not infringement. Summary This is a foundational Indian copyright judgment that clearly distinguished between an idea and its expression. The Supreme Court examined whether a film allegedly copied the plaintiff’s play and clarified when similarities amount to copyright infringement. The ruling laid down enduring principles for assessing substantial similarity in literary and dramatic works. Facts of the C

Originality in copyright lies in creative input, not mere labour or effort. Summary This landmark judgment redefined the standard of originality under Indian copyright law. The Supreme Court examined whether law report headnotes, paragraph numbering, and editorial inputs added to court judgments could qualify for copyright protection. In doing so, the Court rejected the traditional “sweat of the brow” doctrine and adopted a more creativity-based test aligned with internationa

Deceptive similarity in trade dress can amount to passing off even without identical trademarks Summary This case is an important Indian authority on passing off and trade dress protection, particularly in the context of agricultural and food products. The Delhi High Court examined whether imitation of packaging, colour scheme, and overall visual appearance could mislead consumers, even when the brand names were not exactly the same. The judgment reinforced that goodwill in t

Parallel importation is lawful in India — trademark rights do not extend to controlling resale of genuine goods. Summary This case is a landmark Indian decision on parallel imports and trademark exhaustion. The dispute arose when Samsung sought to restrain Kapil Wadhwa from importing and selling genuine Samsung products that were lawfully purchased abroad but sold in India without Samsung’s authorization. The Delhi High Court examined whether trademark law allows a brand owne

A significant Indian decision clarifying intermediary liability and trademark use in online advertising and keyword searches. Summary This case addressed whether online platforms can be held liable for trademark infringement when third parties use registered trademarks as keywords or in online advertisements. Consim Info Pvt. Ltd., the owner of the popular matrimonial platform BharatMatrimony, filed a suit against Google India Pvt. Ltd. alleging misuse of its registered trade