India: Advertisement and Copyright Protection

Last Updated: 7 April 2003

By Harita Rao* and Gurram Ramachandra Rao**

Advertising is a key part of the sales process. Its role is to bring together people selling a product with those who may be interested in buying it. It is important to remember that potential customers are careful with their money. Rarely will they buy something they don't want. The Institute of Practitioners in Advertising (IPA) defines advertising as, "The means of providing the most persuasive possible selling message to the right prospects at the lowest possible cost".1 Effective customer communication is an essential part of any business. Properly used, advertising can contribute to development and growth. Badly used, it can be a very costly mistake.

Advertisement serves a double purpose first being the informational purpose that is, if consumers are to extract the maximum satisfaction or utility from their limited resources, then they need adequate flow of information about price and potential performance of rival goods and services. Secondly the persuasive purpose that is advertisements by various means such as attractive captions, slogans, characters, repetition etc influence consumers to buy their products.

The advertising industry has gained a mega-status over the years due to its multifarious benefits. As a result of which the nature of advertising whether print or audio-visuals is undergoing a revolution and has opened new avenues for creativity, constructive inputs and artistic skills. Given the enormous creative talent, staggering figure of investments made and the fierce competitiveness in the advertising field, issues of copyright protection are of utmost significance for every player involved in the business.

Intellectual property confers on individuals, enterprises or other entities the right to exclude others from the use of specific intangible creations. The peculiar feature of such rights is that they relate to pieces of information that can be incorporated in tangible objects. Protection is given to ideas, technical solutions or other information that have been expressed in a legally admissible form and that are, in some cases, subject to registration procedures.

Though the content of intellectual property is the information as such, intellectual property rights are exercised -- generally as exclusive rights -- with respect to the products that carry the protected information. For example, the owner of a patent can prevent the manufacture, use or sale of the protected product in the countries where the patent has been registered. Those who create a certain intangible may, through the enforcement of such rights, regulate the use of the creation (e.g. a musical work) and the commercialization of the product (e.g. compact disk) that contains it. The control over an intangible asset therefore connotes the control over products and markets.

`Intellectual property law' relates to the acquisition and use of a range of rights covering different types of creations, including creations of an aesthetic character (e.g. artistic works and industrial designs), technologies (e.g. patents) as well as information and signs of a purely commercial value (e.g. trademarks). Intellectual property rights include copyright and related rights,

Copyright law protects the expression of an idea, not the idea itself. This means that, in principle, protection is only extended to the form in which an idea is expressed (e.g. the particular writing of instructions in a computer programme), but not to the concepts, methods and ideas that are expressed. Copyright protection is provided to the authors of original works of authorship, including literary, artistic and scientific works. Copyright has also been extended to protect computer software and databases. "Neighbouring rights", that is, rights which are related to copyright, are accorded to phonogram producers, performers and broadcasting organizations. The owners of copyright can generally prevent the unauthorized reproduction, distribution (including rental), sale and adaptation of an original work. Protection generally lasts for the life of the author plus fifty years or for fifty years or more in the case of works belonging to corporate bodies.

The last one or two decades witnessed phenomenal growth in the national and international advertising because of globalization. Fierce but intelligent competition has been the result. Unfortunately unethical ways of advertising are fast growing sometimes resulting in great economic loss to those who put in genuine effort and skill. The copyright law is thus of tremendous relevance not only to the advertisers and advertising agencies but to the creative persons such as visualizers, art directors, copy script and slogan writers, performers and so on, who are engaged in creating valuable advertising property.

Are advertisements copyrightable?

To be protected under the Act advertisements like all other creative work must satisfy the following four conditions2:

1) Original-it must not be copied from another.

2) The work must not have been commonplace that is, in the public domain.

3) The work must be a form expression and not a mere idea-there is no copyright in ideas.

4) The work must involve labor, skill and capital.

As per section 13 of the copyright act, 1957 copyright subsists in certain classes of work. They are

a) Original literary, dramatic, musical and artistic works;

b) Cinematographic films and

c) Sound recording.

An advertisement has various components involving literary, artistic, dramatic, musical skills each of which may be protected under the classes of work mentioned in section 13 of the Copyright Act, 1957. The protection however is given upon satisfaction of the four above-mentioned conditions.

a) Literary work-"literary" refers to the nature of work as distinct from a painting and not as being work of literature. Thus catalogues, brochures etc fall under this head of literary works and copyright subsists in them.

Courts have on a number of occasions held that copyright subsists in trade advertisements and catalogues. In Collis vs. Carter3 it was held that a trader would be entitled to copyright in his catalogue of detailed items sold by him. Also in Maple and Co. vs. Junior Army and Navy Stores4 an illustrated catalogue for advertisement and not for sale was held to be a book and subject matter of copyright.

Written matter in advertisements for instance in newspapers or magazine may be literary work but Courts have not given protection to titles of woks or to common phrases or expressions as is used in advertisements because to do so would be an appropriation of the language. Furthermore, there was not found to be sufficient skill and effort and originality for such kind of work to have copyright. There is no copyright in a mere a collection of words, which are not a compilation and the collection of which has not involved any literary skill or in a single word. A literary work is generally intended to afford information, instruction or pleasure. So even when a word was invented "Exxon" to establish corporate identity for the furtherance of the company’s trade and goodwill, the Court did not concede copyright to it. It was held that it was not sufficient that it could separately be described as ‘original’ ‘literary’ and ‘work’ and although the term "Exxon" could be thus separately described it was not an original literary work because conveyed no information instruction and gave no pleasure.5 In a more recent case of Prestige House Wares vs. Prestige Estates the respondents had copied the artistic work of ‘Prestige’ and obtained registration under copyright law for a script, which is almost identical to the script of the petitioner. It was held that there can be no artistic work in merely the words ’Prestige’ and there must be some artistic character in the work.6 Courts have also held that copyright does not subsist in an advertisement slogan.7 In Harold Drabble Ltd.vs. Hycolite Manufacturing Co.8 it was observed that no copyright should subsist in an advertisement made up of words taken from other advertisements. Similarly in the case of Kirk vs. Fleming9 copyright was held not to subsist in an advertisement made by stringing together four commonplace sentences.

Literary work in section 2(o) has been defined to include computer programmes, tables and compilations including computer databases. Thus advertisements placed on websites also form subject matter of copyright.

b) Artistic work-means a painting, sculpture, drawing (including a diagram, map, chart or plan) an engraving or a photograph, whether or not any such work possess artistic craftsmanship.10 Thus a poster or a photograph used in an advertisement is an artistic work and can be copyrighted. In the case of Associated Electronics vs. M/S Sharp Tools11 the appellants, an electrical goods manufacturing company brought a restraint action against the respondents firm by name ‘Sharp’ Tools. The appellants had the trademark of ‘Sharp’ and they claimed a copyright interest in all their advertisement with the artistic work of Sharp registered as a trademark under the act. The Court held that copyright does not give a monopoly to any particular form of words and so there can be no copyright in the word ‘Sharp’ but the right can only be given the artistic manner in which the name is written. One of the surest tests to determine whether or not there has been a violation of copyright is to see if the reader, spectator or the viewer after having read or seen both the works would be clearly of the opinion and get an unmistakable impression that the subsequent work appears to be a coy of the first. The Court looked at the two works the appellant’s artistic work ‘Sharp’ and the respondent’s work ‘Sharp Tools’ and found that there is least resemblance between the two. It therefore held that there was no copyright infringement by the respondent.

c) Dramatic work-includes any piece of recitation, choreographic work or entertainment in dumb show the scenic arrangement or acting form, which is fixed in writing or otherwise. A cinematograph film is not a dramatic work although the script or scenario for a cinematograph film is a dramatic work. In Norowzian vs. Arks Ltd12 The plaintiff made an advertising film titled ‘Joy’. The subject matter of the film consisted of a single person dancing to music. The editing made extensive use of jump cutting technique that produced sudden changes of positions of the actor, which could not have been, performed as successive movements in reality. The plaintiff was entitled to the copyright in the film which he claimed was a dramatic work; a work of dance or mime which was recorded on to a film.

The defendants produced a Guinness advertisement entitled ‘Anticipation’ which was alleged to be an infringement of the plaintiff’s film ‘Joy’. Anticipation consisted of a man served with a pint of Guinness who danced about while waiting for the froth to settle. A jump cutting technique similar to that used by the plaintiff was used to edit the film ‘Anticipation’. It was admitted that the defendant produced an atmosphere broadly similar to that portrayed in Joy. It was held that the film was not a recording of anything that could be performed or danced by anyone and therefore it was not a dramatic work. However this decision was partially reversed in appeal13 where it was held that the expression "dramatic work" should be given its ordinary and natural meaning, which was a work of action, with or without music, which was capable of being performed before an audience and that Joy was a work of action capable of being performed before an audience. But it further held that although there was a striking similarity between the filming and editing styles and techniques used by the respective directors of the two films, no copyright subsisted in mere style or technique. It was thus held that Anticipation was not a substantial copy of Joy.

d) Cinematograph film- means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films.14 Thus TV commercials or advertisements may be included under this head and copyright shall subsist in them. In the case of R C Products Ltd vs. S C Johnson Ltd15. Where there was an adaptation of the elements of advertisement or get up by the respondent and there was material on record clearly suggesting that the subsequent TV commercial was a copy of the earlier one, the court passed an injunction order against the respondent in a suit for infringement of copyright.

e) Sound –recording –means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is done.16 Such a definition may be extended to include advertisements by way of radio jingles.

f) Musical work-refers to any combination of melody and harmony or either of them printed, reduced to writing or otherwise graphically produced or reproduced. In the case of William Music vs. Pearson Partnership17 an advertising agency produced television advertisement for a bus company, which set out to parody the lyrics and music of "there’s nothing like a dame" from Rodgers and Hammerstein’s musical "South Pacific". The plaintiffs as owners of the copyright in the latter sued the respondent agency. Examining the facts it was held by the judge that there was an issue regarding the infringement of copyright held by the plaintiffs in the music.

Therefore while advertisements per se may not the subject matter of copyright protection various aspects that go into the making of an advertisement are recognized as literary or artistic work or as cinematograph films or sound recording and copyright subsists in them.

Who is the Copyright holder?

Ordinarily the author is the first and true owner of the copyright. But in cases where an employee in the course of his employment makes the work, in the absence of any agreement to the contrary, the employer will be the first owner of the copyright in the work. The general principle is that if a person is employed to do a job and paid for his services the product of his labor, subject to any agreement to the contrary, belongs to the employer. A distinction must be drawn between a contract of service and contract for service. In the case of contract of service the relationship is that of employer –employee, whereas in a contract for services the relationship is that of an independent contractor and the person who engages the contractor for specified work. Where there is a relationship of employer-employee the copyright shall subsist with the employer and not the employee.

In the case of Grace vs. Newman18 while the case ended in a victory for the advertiser, a warning was given to the advertiser to protect artwork, which may develop into a valuable advertising property. The lack of any written agreement between the agency and the artist was probably19 the real genesis of the litigation. A person employing another to compile a book of designs has himself the copyright in the work. A warning to advertisers was also given in the case of Grant vs. Kellogs20.

In Harold Drabble vs. Hycolite Manufacturing Co.21 copyright in an advertisement prepared by the agent on materials supplied by the advertiser belonged to the advertiser himself. In the more recent case of Hutchinson Personal Communications Ltd. Vs. Hook Advertising Ltd.22 it was observed that implicit representation by an advertising agency at a pitch that the client would own all rights in a logo design if the agency was appointed would result in the copyright subsisting with the client.

However in cases of contract for service there is no employer –employee relationship and the copyright subsist with the author itself. Where a company or any other organization is claiming copyright in the work, proof of assignment of the copyright from the author/artist should be produced. The owner of a copyright has the exclusive right to exploit the work. He may exploit the work himself or license others to exploit the work any one or more of the rights for a consideration in the form of royalty or a lump sum payment. The owner may even assign any one or more of his rights to others.

The need for Inter-linking Copyright and Trademark:

Trademark is the basic tool in advertising. The advertisement of products or services may not be possible without trademarks. It serves as a crucial link in the chain of product differentiation activities. Advertising effort is chiefly concentrated on the promotion of a particular trademark. This is done by way of packaging and labeling. Logos, color combinations, shapes, names, numerals etc that appear on wrappers, carry bags, cartons and other advertising devices are all subject matter of trademark protection. Trademark or brand names enable the consumer to identify the goods as distinct from others. Advertising popularizes these trademarks or products as being superior to others and thus persuades or influences the consumer to purchase products of that particular trademark or brand.

The labels, wrappers or stylized marks used as trademark, may posses some artistic features and if some skill and labor has been bestowed in their production, then such labels qualify for copyright protection, besides trademark protection under the Copyright Act, 1957 along with protection as trademark. Such labels and wrappers would be covered in the category of original artistic work under Section13 of the Act. The practice therefore is to seek relief for violation of trademark under copyright law, simultaneously with infringement and passing off action under trademark law. Protection of trademark used in advertising by copyright law is thus of importance.

In Glaxo Operations vs. Ramam Bhaktha Hanuman Camphor Works23, the plaintiff claimed copyright in the printed matter of Glaxo cartons. The court found that the defendant Ramam Bhaktha’s cartons were a reproduction of the material features of the Glaxo’s carton and the differences were too immaterial. The courts hence granted injunction for trademark as well as the copyright.

In Hindustan Machines vs. Royal Electrical Appliances,24 the plaintiff had been using a distinctive logo script Maharaja, constituting an original artistic work within the meaning of section 2(c) of the Copyright Act. The defendant adopted the trademark Royal Maharaja for mixer grinders together with the logo script, which is an exact reproduction of the plaintiff’s mark. The court injuncted the defendants from using the trademark Maharaja and also the logo script identical to that of the plaintiff.

Burroughs Wellcome (India) vs. Unisole Pvt. Ltd.,25 the plaintiff was the owner of trademark Septran for anti biotic tablets and had a copyright in the photographs of carton, various labels and artistic work used on the cartons. The scheme layout and get-up of the label was copied with slight variations, i.e. the logo in the two is differing. The court granted injunction restraining the defendant from infringing the copyright in original artistic work in the carton or any colorable imitation or a substantial reproduction of the original artistic work.

In Hindustan Pencil (Pvt.) Ltd. Vs. Universal Trading Co.,26 it was held that the device of Natraj or the word Natraj has been used from time immemorial but when it is presented in a particular design, get-up, color combination and specific pattern it can be called the artistic work. The court in the circumstances held that there can vest copyright in the impugned artistic work.

In Hi Tech Foods vs. Khanna Enterprises,27 the defendant was restrained from dealings in Chetak or any other mark which bears resemblance to plaintiff’s work of art, which has been used and depicted as Catch; the use of mark amounts to infringement of copyright.

Trademark protection is available (most of the time) only when another person uses a mark as trademark, which is identical or deceptively similar to the registered trademark in relation to similar goods or services in respect of which it is registered, without the consent of the proprietor. In case of infringement of copyright, there is no requirement that the reproduced or copied trademark label should be used in relation to any particular goods. They may be same, similar or different goods or services; substantial reproduction of the label would constitute infringement of copyright .For instance in the case of Relaxo Rubber vs. Aman Cable,28 the trademark "Relaxo" was used by the plaintiffs in relation to footwear. The defendants manufactured and sold cables and PVC pipes using "Relaxo" in the same style of writing in which the plaintiffs had copyright registration. On the facts of the case, passing off was held not to be made out. However as the word "Relaxo" written artistically was also enjoying copyright protection, the infringement of exclusive right to artistic work was restrained by injunction. This shows the importance of copyright law in the protection of label trademarks.

Conclusion: copyright as a comprehensive cover

The advertising industry, today is highly competitive. There are about 1000 advertising agencies, big, small, and medium, operating in India. With business growing and the market going global, creativity and innovation are at a premium. However along with it, there has been a trend to resort to unethical ways of advertising that often results in unfair and unprofitable competition. The need to protect advertising innovations and artistic skills is thus urgent. It is important to put in place a strong advertising property protection regime that protects the artwork and creative skill that is involved in the trade of advertising.

At present advertising property is protected primarily under trademark law and to some extent copyright laws. Courts have been more willing to protect logos, brand names, color combinations etc under the law of trademark but the same willingness has not been found to grant protection under the Copyright Act. Courts still continue to rely on the old principles, which do not allow for copyright in invented words and advertisement slogans. However the protection under trademark is restricted and needs to be complemented with the protection under copyright to provide complete and full-proof security to advertising property.

Although protection under copyright, unlike trademark is for a limited period of time, it extends not only to marks but also to all kinds of creative work. All forms of ‘original literary, dramatic, artistic and musical works’ that go into the making of advertisements come under the protection of copyright law. So firstly the scope for protection is greater.

Secondly while trademark, provides protection to the advertiser i.e. companies and producers alone; copyright ensures the protection of interests of the advertising agencies and artists who labor to produce the advertisement, at least in cases of contract for employment.

Thirdly, copyright has the capacity to protect trademark labels on all types of goods or services, whether same, similar or different, without the mark being well-known mark in the market. Copyright law gives impetus to every trademark becoming absolute for all goods and services when used on any one of them.

Fourthly, in a combined suit for infringement of trademark and copyright the proprietor can shift the territorial jurisdiction of a court from the defendant’s place to his own place. So even though there is no infringement of trademark by the defendant within that jurisdiction, the court having jurisdiction under section 62 of the Copyright Act will have jurisdiction to entertain the suit.29 In the light of these advantages it is suggested that copyright laws should be extended to all forms of advertising innovations and creations, which involve sufficient labor, skill and effort. Advertising has become increasingly a specialized job. Modern advertising agencies have a research department, a media department, a creative department, a production department and a good fund of expertise and experience to handle competently advertising programmes and campaigns. The work of advertising agencies involves analyzing existing marketing trends, identifying target clients, analyzing their social, economic and cultural background their buying habits deficiencies and quantities of products of rival companies and on that basis design an effective advertising strategy or advertisement. It cannot therefore be doubted that sufficient labor is bestowed in creating an advertisement or even a single invented word or slogan for purposes of advertising. Thus it fulfils the test of "sweat of the brow" and qualifies for copyright protection. In the changing scenario, one can no longer adhere to the strict interpretation of the age-old norms of ‘information, instruction or pleasure’. Instead these principles should be relaxed so as to encompass new forms of artistic and literary work and the laws should be adapted to meet the growing needs of the advertising industry. Some new trends in the direction have been found in terms of allowing copyright claims along with trademark infringement and passing off actions but cases where courts have granted copyright protection independent of trademark protection are rare. The courts are yet to expand the scope of protection under copyright laws to include advertising artistic and literary works and more so in India. It may be hoped that releasing the advantages of protection under the copyright laws there would be a definite move towards the inclusion of advertising devices under copyright law in the near future.


* IV Year Student of Law, NALSAR, Hyderabad.

** V Year Student of Law, NALSAR, Hyderabad.


1 The term "advertise" refers to the act or practice of attracting public notice and attention. It includes all forms of public announcement that are intended to aid directly or indirectly in the furtherance or promulgation of an idea, to aid direct or indirect attention to a business, commodity, service or entertainment. However the Advertising Standards Council of India (ASCI) defines an advertisement as paid for communication, addressed to the public or section of it, the purpose of which is to influence the opinions or behavior of those to whom it is addressed.

2 University London Press vs. University of Tutorial Press: [1916] 2ch 601 at 608; Engineering vs. Sykes Boxmall, [1955] 72 RPC 89 at 98-99; GACramp and Sons Ltd. Vs. Frank Smythson, [1944] AC329; Fritco-Lay India vs. Uncle Chips Pvt. Ltd, (2000) 341 Del (D.B); R G Anand vs. Delux Films and others, (1978) 4 SCC118; British Northrop Ltd vs. Texteam Blackburn, [1974] RPC 57 at 68; Walker vs. British Picker, [1961] RPC57; Exxon Corpn. Vs. Exxon Insurance Consultants International Ltd., [1981] 3 All E R241 CA.

3 [1898] 78 LT613

4 [1893] 21 Ch D 369

5 Supra note 8.

6 1999 PTC (19) 585

7 Sinaniade vs. La maison Koomeo [1928] 139 LT 365 CA

8 [1928] 44 TLR 264 at 266.

9 [1929] MacG cop case (1928-30) 44

10 Section 2(c) of the Copyright Act, 1957

11 AIR 1991 Kant 406 at 412

12 (1999) FSR 79

13 (2000) 27 FSR 363

14 Section 2(f) of the Copyright Act, 1957

15 26 IPR 98 (Federal Court of Australia)

16 Section 2(xx) of the Copyright Act, 1957

17 [1987]FSR 97.

18 (1875) 19 E of 623

19 1Hand M 603

20 58 F Supp 48

21 (1928) 44 TLR 264 at 266

22 [1996]FSR 549

23 1990 IPLR 45

24 1999 PTC (19) 685

25 1999 PTC (19) 188

26 1995 PTC (19) 379

27 1998 PTC 689

28 1998 PTC 759

29 Glaxo Operations U.K. Ltd. vs. Samrat Pharmacueticals, AIR 1994 Del 26

The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions