Delhi High Court Hosts International Judicial Conclave on Emerging Intellectual Property Challenges

The Delhi High Court, collaborating with the Delhi Judicial Academy, the United States Patent and Trademark Office, and the United States Department of Justice, conducted an International Judicial Conclave on Intellectual Property Rights on March 16 and 17. This two-day event convened judges from the Supreme Court of India, Delhi High Court, various Indian High Courts, as well as international judges and lawyers, to discuss critical issues in intellectual property law.

Justice Yashwant Varma of the Delhi High Court chaired the Organizing Committee for the conclave. The sessions featured distinguished panelists including Justice Hima Kohli (Supreme Court of India), Justice Muhamed Mustaque (Kerala High Court), KM Kamrul Kadar (High Court Division of Supreme Court of Bangladesh), Amali Ishanthi Kumar Ranaweera (High Court, Sri Lanka), and Kiyo A Matsumoto (US District Court for the Eastern District of New York).

A key highlight was the discussion on the need for a statutory framework to protect trade secrets, building upon the existing common law regime. Panelists emphasized that even non-traditional trademarks—such as sound, touch, or smell marks—deserve legal protection recognizing their distinctiveness beyond conventional marks. Examples cited included shape marks like Toblerone and Ferrero Rocher, touch marks such as EPI leather and Louis Vuitton, structure marks like the Ismail building, sound marks exemplified by Yahoo!, and colour marks such as the red sole of Christian Louboutin shoes.

The conclave also addressed the evolving impact of Artificial Intelligence (AI) on intellectual property law. Speakers noted that patent law must adapt to developments in AI, particularly concerning the definition and recognition of the ‘inventor’ in AI-generated inventions. A significant topic was whether training AI models on copyrighted material without a license constitutes fair use, with the consensus that this depends on the transformative nature of the AI output and its similarity to the original copyrighted work.

Further discussions examined the implications of data scraping for AI training in relation to privacy laws and personality rights. Panelists observed that unauthorized collection and processing of personal data may violate privacy statutes. They referenced cases, including those before the Delhi High Court, where individuals’ personality rights were infringed by AI-generated content without consent.

Another session focused on the legal status of personality or publicity rights, debating whether these should be treated as independent proprietary rights or subsumed under privacy law. This discussion included judges such as Justice C Hari Shankar (Delhi High Court), Jagath Ariyakaruna Kahadagamage (Commercial High Court, Sri Lanka), Virginia Maria Covington (US District Court for the Middle District of Florida), and Ashok Kumar Chhetri (Judicial Council Secretariat, Government of Nepal).

The conclave also tackled challenges in Standard Essential Patent (SEP) litigation. Panelists highlighted that interim relief in SEP cases requires careful application of traditional legal tests alongside unique considerations specific to SEPs. There was broad agreement that courts within a single jurisdiction should refrain from setting a global FRAND (Fair, Reasonable, and Non-Discriminatory) rate for SEPs. The discussions also covered anti-suit and anti-enforcement actions arising in this context.

Panelists for the SEP session included Justice Chandra Dhari Singh (Delhi High Court), Kumar Regmi (Supreme Court of Nepal), Michael Frank (US District Court for the Northern District of Florida), Sandum Shyam Kumar Withana (District Court, Sri Lanka), Dayan Krishnan (Senior Advocate), and James S Yoon (International Computer Hacking and IP Attorney Advisor, US Department of Justice).

The conclave concluded with insights into the role of organized crime syndicates in counterfeiting pharmaceutical drugs, automobile components, and piracy of copyrighted content, underscoring the need for robust enforcement mechanisms.

Overall, the International Judicial Conclave provided a vital platform for cross-jurisdictional dialogue on the emerging challenges in intellectual property law amid technological advancements and globalization.