Notes on Indian law filed under IP and licensing, published by Juris Eagle.https://juriseagle.com/insights/practice/ip-and-licensingen-inMon, 09 Nov 2026 12:40:42 GMThttps://juriseagle.com/disclaimerhttps://juriseagle.com/insights/what-an-assignment-of-copyright-carries-and-what-it-leaves-behindhttps://juriseagle.com/insights/what-an-assignment-of-copyright-carries-and-what-it-leaves-behindAn assignment of copyright under sections 18 and 19 of the Copyright Act, 1957 passes only what the written instrument identifies: the work, the rights, the term and the territory. Where it is silent, section 19 supplies five years and India, and a right the assignee does not exercise within one year lapses unless the instrument says otherwise. Two things stay with the author whatever the instrument says: an equal share of royalties for most uses of a literary or musical work in a cinematograph film, and for any use of one in a sound recording outside a film, which the 2012 provisos make non-waivable, and the moral rights in section 57. Disputes go to the Commercial Court under section 19A, a forum that the Tribunals Reforms Act, 2021 put in place of the Appellate Board.Sat, 07 Nov 2026 00:00:00 GMTDr. Vijay MishraTechnology and dataip-and-licensinghttps://juriseagle.com/insights/reselling-foreign-software-and-saas-in-indiahttps://juriseagle.com/insights/reselling-foreign-software-and-saas-in-indiaIn Engineering Analysis Centre of Excellence Private Limited v. Commissioner of Income Tax, decided on 2 March 2021, the Supreme Court held that a payment by an Indian distributor or end user to a foreign supplier for the resale or use of software under a distribution agreement or an end-user licence agreement is not royalty and gives rise to no income taxable in India, so no duty to deduct tax arose under section 195 of the Income-tax Act, 1961. The successor withholding rule for payments to non-residents is section 393(2) of the Income-tax Act, 2025. The ruling does not decide goods and services tax (GST) on imported software or software as a service (SaaS), and it does not touch the limits that section 3(4) of the Competition Act, 2002 places on exclusive distribution.Tue, 03 Nov 2026 00:00:00 GMTAdv. Harsha Swaroop PTechnology and datacontracts-and-procurementip-and-licensingtaxation-and-fiscalhttps://juriseagle.com/insights/ecms-incentives-thresholds-and-clawbackhttps://juriseagle.com/insights/ecms-incentives-thresholds-and-clawbackThe Electronics Component Manufacturing Scheme (ECMS), notified by the Ministry of Electronics and Information Technology (MeitY) on 8 April 2025 with an outlay of INR 22,919 crore including administrative expenses, pays turnover-linked incentive at 1 to 10 per cent of incremental sales, capex incentive at 25 per cent of eligible capital expenditure, or both together for the two selected bare components in segment C. Every rate is conditional: 1 percentage point of the turnover rate, or 5 points of the capex rate, is released only if an employment threshold is met, and the guidelines cap total incentive at 50 per cent of eligible investment. The portal states that the window for segments A, B, C and E closed on 30 September 2025 and that the segment D window remains open until 30 April 2027.Wed, 28 Oct 2026 00:00:00 GMTDr. Vijay MishraManufacturing and incentivestransaction-advisorycontracts-and-procurementip-and-licensinghttps://juriseagle.com/insights/semicon-2-0-eligibility-2026https://juriseagle.com/insights/semicon-2-0-eligibility-2026Semicon 2.0, notified on 31 August 2026, cut fiscal support for a silicon wafer fab to 40 per cent of eligible capital expenditure from the up to 50 per cent the first programme carried. The percentage is the least of it. An applicant for that pillar must already show minimum capital investment of INR 20,000 crore, revenue of INR 7,500 crore in any of the three financial years before it applies, and production grade technology it owns or licenses. The design pillar adds a condition on who owns and controls the applicant.Wed, 09 Sep 2026 00:00:00 GMTDr. Vijay MishraManufacturing and incentivestransaction-advisoryip-and-licensingprojects-and-landhttps://juriseagle.com/insights/semiconductor-equipment-scomet-licensing-2026https://juriseagle.com/insights/semiconductor-equipment-scomet-licensing-2026India's export control list for dual use items, the Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) list, was revised by the Directorate General of Foreign Trade (DGFT) on 23 September 2025, to take effect 30 days after issue. The revision filled Category 7, until then reserved, with emerging technology items, among them advanced chip manufacturing tools for lithography, low temperature epitaxy, deposition and dry etching, while Category 8 keeps the general semiconductor equipment entry. A fab or tool supplier that exports, sends for repair, re-exports or transfers technology for these items needs a DGFT authorisation first, files an end user certificate, and keeps records for at least five years.Fri, 07 Aug 2026 00:00:00 GMTDr. Vijay MishraTrade controlsip-and-licensingcontracts-and-procurementtransaction-advisoryhttps://juriseagle.com/insights/ai-patents-trade-secrets-and-training-datahttps://juriseagle.com/insights/ai-patents-trade-secrets-and-training-dataWhere Indian law stands on patenting AI, naming an AI as inventor, protecting models as trade secrets, and using copyright works as training data.Fri, 31 Jul 2026 00:00:00 GMTDr. Vijay MishraTechnology and dataai-and-emerging-technologyip-and-licensingtechnology-data-and-product2024 Juris Eagle. This website is intended solely for informational purposes and does not constitute solicitation or advertisement under applicable Bar Council regulations. The transmission or receipt of information through this platform does not create an advocate-client relationship. Legal advice is rendered only upon formal written engagement with the firm.