Case Update: India Recognises Its First Smell Trademark: A Breakthrough in Non-Conventional Branding

India has recognised its first smell trademark, granting Sumitomo Rubber Industries Ltd. protection for a rose-like fragrance applied to tyres. The breakthrough was enabled by a scientific “smell space” model from IIIT Allahabad, overcoming the graphical representation hurdle. The Controller General of Patents, Designs & Trade Marks held the scent to be distinctive and arbitrary, sharply contrasting with rubber’s natural odour. This landmark decision aligns India with global IP regimes, sets a precedent for non-conventional sensory marks, and raises the evidentiary bar for future applicants.

IP Roundup: Quarterly Updates
July 2025 – October 2025

The Intellectual Property (“IP”) landscape in India continues to evolve, growing in complexity and significance. The months from July to October have been marked by noteworthy judicial pronouncements, important regulatory updates, and emerging debates at the intersection of technology and IP rights. For businesses, creators, and innovators alike, staying abreast of these developments is critical to effectively safeguard and leverage their intangible assets.

 

In this second edition of our IPR newsletter, we provide a curated overview of the most relevant case laws, legislative and policy changes, and sectoral trends shaping the IP regime in India. Our objective is to distil these updates into actionable insights that can help anticipate risks, identify opportunities, and navigate the evolving contours of IP law with clarity and confidence.
 

IP Roundup: Quarterly Updates
April 2025 – June 2025

In an age where ideas are currency, protecting Intellectual Property (“IP”) assets has never been more critical. From landmark trademark rulings to evolving debates around AI and copyright, the world of IP is rapidly transforming. In the very first edition of our quarterly IPR newsletter, we bring you curated updates, case summaries, and regulatory developments shaping the IP landscape in India. Whether you are managing a brand, filing a patent, or navigating an infringement risk, here’s what you need to know from the recent developments in the IPR landscape

Intellectual Property Rights and AI: Where Fantasy Meets Fair Use, the Dilemma and Possible Legal Battles Ahead

Our latest piece dives deep into these questions, unpacking the current state of the existing IP laws, especially in India. We explore the gaps in Indian copyright statutes, the risks for developers and users, and how enforcement becomes murky in a borderless digital world. Until India clarifies whether AI-generated output can be copyrighted, generative AI and creators may be heading for courtrooms. Having said that, international precedents from countries like the U.S. and U.K. suggest that equitable licensing, transparency, and perhaps a new “transformative” criterion could be on the horizon.

 

Whether you're a creator, lawyer, founder, or policymaker, this is an interesting read for understanding how AI is pushing the envelope of the existing IP laws.

Shaping Perceptions: The Power of a Distinct Brand Identity

Brand identity extends beyond names and logos as it embodies a business’s reputation, consumer trust, and market positioning. This article explores the importance of businesses securing their brand identity through cautious legal safeguards, proactive monitoring, and a robust trademark enforcement strategy.

JioHotstar Saga: A Tale Of Two Child Philanthropists And One Developer's Dream

Our Senior Associate, Ayushi Harsh shares her insights with BOOM in an article titled “JioHotstar Saga: A Tale Of Two Child Philanthropists And One Developer's Dream”.

Overview on Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024

In this article, Nivedita Nivargi (Partner) and Ayushi Harsh (Senior Associate) review the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 (“the Rules”) and delve upon the salient features. On July 01, 2024, the Department for Promotion of Industry and Internal Trade (under the Ministry of Commerce and Industry) introduced the draft of the Rules. The proposed amendments have been made by the Central Government under the powers vested in Section 157(1) of the Trade Marks Act, 1999 (“the Act”). The Rules were intended to be notified after the expiry of a period of 30 (thirty) days from the date on which the relevant notification was published and made available to the public i.e. from August 01, 2024. 

Beyond the Human Creator: The Rise of AI as a Creative Force and its Implication on Intellectual Property Laws

Insights in an article published in the latest edition of Jurisprudence issue focused on Growing Importance of Intellectual Property. The article talks about the rise of artificial intelligence as a creative force and its implications on intellectual property laws.

PERSONAL DATA PROTECTION BILL, 2018

The draft Personal Data Protection Bill, 2018 promises the potential of a paradigm shift in data privacy and its regulation. The Bill, tabled by the Justice Srikrishna Committee on July 27th, 2018 largely addresses public concerns regarding the right to privacy through the creation of a rights-based regulatory regime with increased compliances, privacy by design, enhanced security measures and the introduction of a data protection authority. Significantly inspired by the GDPR, the draft Bill is pending before the Parliament for further discussions. Samvad Partners has compared the Bill to the GDPR and the existing legal regime for data protection in India.

General Arbitrability of IP disputes: Eros vs. Telemax Case summary

An analysis of an important recent case on the use of arbitration in the IP space.