INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
12. Additional Considerations 12.1 Emerging Issues AI and Trade Mark Law in India In a significant move to modernise the trade mark registration process, the Trade Marks Registry has introduced an artificial intelligence (AI) and machine learning-based trade mark search facility. Launched by the Union Minister of Commerce and Industry, this technology aims to enhance the efficiency and accuracy of trade mark searches. AI and Copyright Law in India As AI continues to permeate numerous sec - tors, India’s approach to integrating AI within its trade mark and copyright laws is evolving. While a comprehensive statutory framework specifi - cally addressing AI-generated works is yet to be established, recent developments indicate a proactive stance in adapting existing IP laws to encompass AI-related challenges. In this regard, the Parliamentary Standing Committee (“Com - mittee”), in its Report No. 161 titled “Review of the Intellectual Property Rights Regime in India”, recommended review of the Copyright Act 1957 to expand to scope of authorship in AI-generat - ed works. Emerging legal considerations Indian courtrooms (in particular, the Delhi High Court and the Bombay High Court) have so far witnessed four major IP cases involving infringe - ment of IP rights through the use of GenAI tools. These are: 1. Anil Kapoor v Simply Life India 2023 SCC OnLine Del 6914 This case was filed by the celebrated actor Mr Anil Kapoor for protection of his person - ality rights against misuse of his image and
Marks, which may include the applicant, owner or any other interested party. The appeal must be filed within three months from the date on which the aggrieved person received the decision or order of the Registrar. Grounds for Appeal Appeals may be filed on various grounds, such as: • errors of law or procedural violations; • incorrect application of facts; • abuse of discretion by the Registrar; or • insufficient evidence to support the decision or order. Jurisdiction The appropriate forum for filing the appeal is the High Court that has jurisdiction. The High Court has the authority to hear appeals related to trade mark matters, including those concerning the decisions or orders passed by the Registrar. 11.2 Timeframes for Appealing Trial Court Decisions Appeal from trial court: An appeal can be taken to an appellate court if there are grounds such as errors of law, facts or procedure. The time within which to file an appeal is generally 90 days (or three months for trade mark appeals), but can be extended in some cases. Time to decide an appeal: The time for an appel - late court to decide an appeal varies. In gen - eral, it can take anywhere from six months to two years, depending on the complexity of the case and the workload of the court.
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