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IP News Updates – January to April 2026


January


India’s Personality Rights Wave: Celebrities Turn to Courts as AI Deepfakes Trigger Rapid Injunctions

From early 2026, Indian courts have rapidly expanded interim protection for celebrity identity against AI-driven misuse, granting injunctions to public figures including Allu Arjun, Vivek Oberoi, Jubin Nautiyal, Shilpa Shetty, Swami Ramdev, and Akira Nandan. These petitioners approached the court to assert "Proprietary Personality Rights," and sought Dynamic+ injunctions (given the ‘whack-a-mole’ nature of AI-generated content), arguing that the unauthorized AI-driven simulation of their name, voice, and likeness constitutes unlawful commercial misappropriation and a violation of their fundamental Right to Dignity and Informational Self-Determination under Article 21. The orders consistently restrain deepfakes, impersonation content, and unauthorised commercial exploitation of name, likeness, and voice, signalling strong judicial responsiveness to emerging digital harms.


WIPO Expands Prior Art Scope and Search Standards to Include Oral Disclosures and Public Use 

PCT Amendments to the Regulations under the Patent Cooperation Treaty (PCT), effective January 1, 2026, expand the scope of prior art and strengthen international search standards. The changes to PCT Rules 33 and 64 broaden the definition of relevant prior art to include non-written disclosures, such as oral disclosures and public use. This aligns the PCT with Sections 2(1)(l) and 64(1)(q) of the Indian Patents Act’s "absolute novelty" standard, by recognizing non-written disclosures such as oral presentations and public use as valid prior art worldwide.


China Tightens Inventive-Step Scrutiny for AI Patents Under Revised Guidelines

Amendments to the patent examination guidelines issued by the China National Intellectual Property Administration (CNIPA), effective January 1, 2026, introduce stricter standards for assessing AI- and algorithm-related patent applications. The revised framework places greater emphasis on inventiveness and sufficient disclosure in data and algorithm-driven inventions, signalling that claims based merely on the application of existing AI models or abstract computational methods are unlikely to meet the inventive-step requirement. Instead, applicants are expected to demonstrate a concrete technical contribution, such as improvements in system performance, data processing, or interaction with hardware, in line with CNIPA’s broader push to enhance examination standards for emerging technologies.  


CGPDTM Flags Online Trademark Service Providers for “Illegal Advertising”

Through a public notice dated January 7, 2026, the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) cautioned against online entities offering trademark registration services through digital platforms, terming such practices “misleading” and in violation of applicable law. These practices, as per the notice, constitute solicitation and advertisement of legal services by such entities, running contrary to the Advocates Act, 1961, which prohibits advertising by legal practitioners. It further clarified that only “Registered Trade Mark Agents” or “Advocates” are authorised to represent applicants before the Registrar under the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. Several platforms, including onlinelegalindia.com, cleartax.in, startupwala.com, and indiafilings.com, were specifically identified as engaging in such activities.


Supreme Court Limits NCLT’s Role: Trademark Ownership Disputes Must Be Decided Outside Insolvency Proceedings

On January 22, the Supreme Court of India held that the National Company Law Tribunal (NCLT) cannot decide ownership disputes over trademarks under the Insolvency and Bankruptcy Code, 2016, unless they are directly tied to the insolvency process. In Gloster Cables Ltd. v. Fort Gloster Industries Ltd. (2026 LiveLaw (SC) 80), the Court ruled that determining title between rival claimants falls outside the NCLT’s limited jurisdiction. It also clarified that any such finding would amount to modifying an approved resolution plan, which is impermissible. The Court cautioned tribunals against overstepping into matters reserved for other forums.


Delhi High Court Blocks Canva Feature in Software Patent Dispute

Towards the end of January, the Delhi High Court upheld an interim order stopping Canva from using its “Present and Record” feature in India amid a patent dispute with Indian startup RxPrism. The Court found that Canva’s tool appeared to closely mirror RxPrism’s system for creating and sharing interactive presentations with video and layered content. It dismissed Canva’s argument that similar tools already existed, noting key differences in how the technology is integrated and functions. Importantly, the Court also indicated that the invention is not automatically excluded as a “computer program” under Indian patent law, as it shows a technical improvement.


February


DPIIT Proposes Major Overhaul of Designs Law to Cover Digital Era and Strengthen Enforcement

The Department for Promotion of Industry and Internal Trade (“DPIIT”) has released a concept note proposing wide-ranging amendments to the Designs Act, 2000, and invited public comments by February 2026. The reforms are aimed at modernising a law originally designed for physical products, in response to a sharp rise in design filings and the growth of digital innovation. Among the several amendments, a key proposal is to extend protection to virtual and non-physical designs such as GUIs, AR/VR interfaces, and other digital design forms, with corresponding changes to the definitions of “design” and “article.”


March


Madras High Court Records CSK’s Undertaking in Sun TV Copyright Case Over IPL Music Use

In March 2026, the Madras High Court recorded an undertaking by Chennai Super Kings in a copyright suit filed by Sun TV Network Limited over unauthorised use of film music in IPL promotions. CSK agreed to cease use and obtain licences for future content, leading the Court to dispose of interim relief while keeping the damages claim pending. The dispute, which arose from the use of songs from films like Jailer and Coolie, has triggered wider compliance shifts, with brands increasingly prioritising music licensing amid tighter enforcement during the IPL season.


Calcutta High Court Holds Graphical User Interfaces Eligible for Design Registration

In March 2026, the Calcutta High Court held that graphical user interfaces are eligible for protection under India’s Designs Act, 2000, provided they meet statutory requirements on a case-by-case basis. In a consolidated ruling in NEC Corporation and Others versus Controller of Patents and Designs, the Court rejected the long-standing view that graphical user interfaces cannot qualify as “articles” or lack industrial application. It clarified that display through electronic systems can constitute an industrial process and that visibility during normal use is sufficient, even if not permanent. The Court further held that graphical user interface designs can be protected independently of copyright law.


IP Registration Fees Waived for India’s Sports Sector

Union Minister Shri Piyush Goyal announced a three-year, 100% fee waiver for all sports-related intellectual property registrations, effective immediately, starting March 2026. This "Zero IP Fee" drive covers the entire spectrum of protection, including patents, trademarks, copyrights, and designs. By slashing these costs, the Ministry aims to accelerate the "Innovate, Patent, Produce, and Prosper" cycle, ensuring Indian sports tech and craftsmanship, like the GI-tagged Kashmir willow bat, gain a competitive edge on the global stage. Government facilitation schemes will further support first-time applicants.


April


Hollywood Studios Escalate AI Copyright Battle, Accuse ByteDance’s Seedance of “Systemic Infringement”

The Motion Picture Association has issued a cease-and-desist to ByteDance in April 2026, alleging “systemic infringement” by its AI video model, Seedance 2.0, marking the first such action by the body against a generative AI company. Backed by studios including Disney, Warner Bros., and Netflix, the letter claims the tool reproduces copyrighted characters and celebrity likenesses at scale. Crucially, the MPA alleges that infringement stems from the model’s training on protected works without consent, calling it “a feature, not a bug.” ByteDance has stated it is strengthening safeguards, but studios have signalled potential litigation if concerns remain unaddressed.


India Reaffirms Human Inventorship: Patent Office Rejects DABUS AI Claim

In mid-April, the Indian Patent Office refused Patent Application No. 202017019068, holding that an artificial intelligence system cannot be recognised as an inventor under the Patents Act, 1970. The application, naming the AI system DABUS as the “true and first inventor,” was rejected on the ground that inventorship under Sections 6, 7, and 10 requires a natural person capable of holding and transferring legal rights. The Office further held that ownership of the AI system or its underlying code does not establish entitlement to inventions allegedly generated by it. In a related pre-grant opposition, it clarified that challenges to inventorship fall outside the scope of Section 25(1)(f), which is limited to patentability grounds. The decision aligns India with other jurisdictions that have uniformly rejected AI inventorship claims.

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