2011

Finally, an Indian music composer gets sued for allegedly copying a foreign melody!

/ By / Copyright

In a decision that is bound to have an impact on the creative faculties of Indian music composers, Justice Manmohan Singh of the Delhi High Court on the 21st of September, 2011 acting on a copyright infringement claim, filed by Canadian singer Loreena McKennitt, has passed an ex-parte interim injunction against Deepak Dev, an awarding-winning music composer from Kerala; and the producers & distributors of the Malyalam movie ‘Urmi’. The order however is restricted to the proposed release of the […]

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Delhi HC dismisses Bayer’s plea against Natco’s CL

/ By / Uncategorized

In a short order, the Delhi High Court dismissed, as withdrawn, a writ petition filed by Bayer against the publication of Natco’s CL application by the Controller General of Patents. The same petition had been filed by Bayer before the Bombay High Court earlier this month. We blogged about it over here. The order of the Delhi High Court has been pasted before: O R D E R  16.11.2011 The petitioner impugns the order dated 11.08.2011 passed by the Controller of

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Should T-Series challenge the constitutionality of the CCI?

/ By / Competition Law, Copyright

A few weeks ago Shan had carried this interesting post on a complaint made by HT Media to the Competition Commission of India (CCI) against the Super Cassettes Industries Ltd (SCIL) a.k.a. T-Series. HT Media owns several radio stations, which want to play the music owned by SCIL and both parties are unable to agree on the rate of a reasonable royalty.  The essence of the complaint, as reported by Mint (which is owned by HT Media), is that T-Series,

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Guest Post: The Lady Gaga Decision

/ By / Uncategorized

I’m glad to bring our readers, this excellent guest, on celebrity domain names, by Amba Kak, a fourth year law student at the National University of Juridical Sciences (NUJS). In this post, Amba discusses an international domain name dispute with significant repercussions for celebrity fan websites. The Lady Gaga Decision: Fan sites, legitimate interests and bad faith By Amba Kak A few months ago, the National Arbitration Forum, international adjudicatory body for domain name disputes, decided that a celebrity fan

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Bombay HC sends Bayer’s petition against NATCO’s CL to the Delhi HC

/ By / Uncategorized

In a surprise move the Bombay High Court, in an order dated 11th of November, 2011 has transferred Bayer’s writ petition, against the publication of Natco’s compulsory licensing application for Nexavar, to the Delhi High Court which is also hearing a patentinfringement suit filed by Bayer against Natco. As we had blogged earlier over here, Bayer had challenged the Controller’s decision to publish the CL application, on the grounds that it had not been given a hearing on the question

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End to an interim injunction: TenXC decision announced

/ By / Patent

The Delhi High Court recently announced the verdict in the TenXC case/cases .  We have earlier blogged about the case here and here.  As expected, the interim injunction granted to the patentee, TenXC was vacated and the defendants were allowed to keep accounts till the time final verdict is announced; the patent has not been declared to be invalid.  This decision has clarified quite a few issues in Indian patent law and at the same time raised a few issues related

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Bayer Challenges "Prima Facie" Determination in Compulsory Licensing Case

/ By / Patent

The term “prima facie” counts as one of my favourite legal expressions. Not least because it appears to be the only place where the law expresses an unabashed preference for “appearances” (which in the real world can, and is often, deceptive). Certainly a problematic expression when it comes to the law of injunctions, particularly IP injunctions where our judges continue to shoot in the dark. But more of this later. For now, it may interest you to note that the

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Guest Post: Some thoughts on the DIPP discussion paper

/ By / Uncategorized

As our readers may remember the DIPP had recently released a discussion paper on reforming the organizational structure of the Patents & Trademarks office. The deadline for replying to this paper is the 30th of November. In the meanwhile, to get the debate rolling on this blog, we have for our readers this incisive guest post, from Mr. R. Parthasarathy, Senior Partner and Adarsh Ramanujan of Lakshmi Kumaran & Sridharan, on the issues raised by the DIPP in its discussion

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Pages from history: The mysterious legislative history of Section 3(d)

/ By / Uncategorized

Section 3(d) of the Patent Act, 1970, was one of the reasons that I fell into the rabbit-hole of Indian intellectual property law. I was always curious about the precise legislative history of the provision and hence I finally filed a RTI application with the DIPP for access to the official files pertaining to the amendments in 2005.  I must say that I’m quite surprised with the manner in which Section 3(d) came into being. Before I go into the

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India proposes new UN body for Internet related policies

/ By / Uncategorized

Image from here  Indirectly connected, yet relevant background stories: 1. US tries to extradite British student for the purely online activity of hosting a site that links to infringing material. Linked here. (In context: search engines such as Google do the same thing.) 2. “No! to ACTA” video gets more than 1 million hits – showing netizens’ interests in protecting their online freedom. Linked here.  (Short crisp video – Highly recommended watch!) 3. 108 top IP academics protest against ironically named “PROTECT-IP Act”.

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