On 16th May, 2014, in the case Tekla Corporation v. Survo Ghosh, Justice Endlaw of the Delhi High Court held that “copyright misuse” does not constitute a legitimate defense for copyright infringement in India. In this post, I analyse the decision in Tekla Corporation in light of how the doctrine of copyright misuse is evolving in the USA. The judgment does not delve into the facts in detail. What can be gleaned is that the plaintiffs Tekla Corporation, Finland and Tekla India...
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