IPR Amicus, October 2026

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Article

From Moore market to Madras HC: Curious case of possession, preservation, and ownership in TCRC v. Ganga Rudraiah

By Divya Vishvapriya and Kriti Sood

Can the act of preserving history generate proprietary rights over it? A recent decision by the Division Bench of the Madras High Court revisits the question in the context of film preservation and archival stewardship. The decision serves as a reminder that while preservation may safeguard a work for future generations, it does not, in itself, transfer the intellectual property rights embedded within it. Elaborately discussing the decision, the authors share a detailed analysis of the reasonings of the Court. According to them, the ruling is likely to have significant implications for archives, museums, libraries, and preservation institutions, as it reinforces the distinction between stewardship and ownership, ensuring that efforts to preserve cultural heritage complement, rather than override, the rights of authors and their successors.

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Ratio decidendi

·         Patents do not exhaust Trade Secrets – Scope of patent disclosure clarified – Calcutta High Court

·         Trademark cannot be denied renewal for lapse of statutory period if mark not yet formally removed from register – Madras High Court

·         Copyright protection is not extinguished under Section 15(2) of Copyright Act for logo stickers applied to commercial spare parts produced industrially – Gujarat High Court

·         Claimant of copyright must necessarily establish fact of being the ‘first owner’ – Mere registration under Trademarks Act is not enough – Delhi High Court

News Nuggets

·         Trademark infringement disputes before Civil Judge (Senior Division) notified as Commercial Court – Supreme Court refers issue to its Larger Bench

·         Trademark rejection – Madras HC observes that reasons that the mark is ‘identical’ or ‘deceptively similar’ to cited mark cannot be clubbed together

·         Trademark plaint – Supreme Court clarifies ‘cause of action’

·         Patents Section 100 – Kerala HC clarifies ‘Power of Central Government to use inventions for purposes of Government’

·         Trademarks ‘Annapoorna’ used for spices while ‘Annapurna’ for ready-to-eat snacks – Confusion, possibility of association not excluded by mere requirement of cooking or because the name refers to a deity

·         ‘DS GROUP’ trademark and its corresponding logo declared ‘well-known trademarks’

·         Italian Prime Minister applies to register her voice as EU trademark

·         Is Instagram Remix a tool for copyright violations?

·         Haryana launches Patent Support, Commercialisation and Innovation Facilitation Policy 2026-27