It is not the answer that enlightens, but the question.This is rather apt for the India IP scenario where many individuals and companies have been approaching the Courts with rather interesting questions (ones that we have always wanted answers to) and Courts have been very liberal, and cautious at the same time while interpreting these provisions of the intellectual property laws. With specific reference to the confidentiality clauses, non-disclosure agreements and trade secrets, there have always been a lot of questions but very few answers. Two recent cases decided by the Calcutta High Court and Delhi High Court shed some light on the enforcement of such clauses.
Magic tricks don’t cease to surprise and most often, they leave us befuddled with a lot of questions. But if we knew how the trick was performed, would we be as amused? Probably not. And that’s exactly why the magicians’ community thinks it is important to protect their tricks under the law. This is where intellectual property comes into play and the question is which branch of IP will protect magic tricks. In this article, I will discuss the patentability (if at all patentable), copyrightability and protection under trade secrets for magic tricks in India.
The law of intellectual property rights is all pervasive – regardless of the industry, product, service or line of work, there is always something in a business that can be protected under some stream of intellectual property. While protection under IP comes when the person with the knowledge discloses it to the government, through patents, copyright and designs, what happens if you don’t want to let other people know? What happens if the knowledge that you hold is something that can be replicated by someone else particularly competitors, how do you protect it?
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.