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The Supreme Court this month upheld the Bombay High Court’s decision to give an expansive meaning to the word “property” under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by including intellectual property work, even in digital form, within its ambit.

The dispute stems from a trademark conflict over the use of the “Massey Ferguson” brand in India. TAFE, an Indian tractor manufacturer with operations since 1960, has long used the brand under licensing agreements with MFC, a subsidiary of AGCO Corporation.

The 1957 law and related jurisprudence favours the rights of authors and creators and was not designed to deal with the challenges of emerging technology.

The Delhi High Court has ruled that "Ratan Tata" is a well-known brand that must be protected from unauthorized use by third parties. Justice Mini Pushkarna observed while hearing a trademark suit filed by the Tata Group and the Sir Ratan Tata Trust against the misuse of the Tata brand, trademarks, and the name of the late Ratan Tata.