2013

The Competition Commission tightens the ‘noose’ around T-Series

/ By / Competition Law, Copyright

In late 2011, we had blogged about a complaint filed by HT Media before the Competition Commission of India (CCI), alleging that Super Cassettes (T-Series) was abusing its dominant position while licensing its content to radio stations.  Image from here This complaint is one of the many cases in the massive litigation between the radio industry and the music labels over licensing rates. Most of this litigation was taking place before the Copyright Board, a statutory body setup under the […]

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Does the Madras High Court judgment on S. 126 allow advocates without science degrees to become patent agents?

/ By / Uncategorized

A few posts ago, we had written about a judgment of the Madras High Court, when we had been informed that a part of S. 126 of the Patent Act, amended via a legislation in 2005 was struck down as unconstitutional. We had also concluded that this legislation would now “allow all advocates to practice before the patent office without giving the patent agent exam.”  It appears that this initial reading of the judgment was wrong. It does not automatically

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Call for Papers: NLSIU announces Consilience 2013 – Conference on contemporary technology related legal issues

/ By / Uncategorized

The readers may be interested to know that the the Law and Technology Committee of National Law School of India University, Bangalore is organizing- ‘Consilience-2013’, which is an annual conference on contemporary technology related legal issues.  The conference, which is going to be held from 25th-26th May, 2013 will have as its theme “Data Protection and Cyber Security in India”. The Committee is devoted to the field of technology law and has sought to inspire academic debates and tackle contentious

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‘Hamara Bajaj’- infringement of trademark of Bajaj Auto Ltd.?

/ By / Copyright, Trademark

Trouble seems to be brewing for upcoming movie ‘Hamara Bajaj’ produced by actor John Abraham’s film production company, J.A. Entertainment Pvt. Ltd. Bajaj Auto Ltd., India’s second largest two wheeler production company has filed a case of copyright and trademark infringement against J.A. Entertainment Pvt. Ltd. This is with reference to the title of the film, namely, ‘Hamara Bajaj’ which is the same as the tag line of the advertisement for the Bajaj Chetak, one of the most popular products

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Nautanki Saala: interim relief rejected by the Bombay HC

/ By / Copyright

Image from here On April 10, 2013  S.J.Kathawalla, J. dismissed an application for restraining the release of the movie Naukanti Saala (the move released today!)  Scriptwriter Radhey Shayam (who wrote the script for the movie Dastoor) applied for this injunction on the ground that Ramesh Sippy Entertainment Pvt. Ltd (defendants) had violated his copyright in his script of ‘Dastoor’.  He claimed that the defendants had used his story in making the film Nautanki Saala. However,  he was not able to

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Delhi High Court scheduled to hear 3 petitions challenging copyright amendments

/ By / Copyright

Image from here Continuing from Shamnad’s earlier post, we now have confirmation, that all three writ petitions challenging the constitutionality of the copyright amendments are listed for today, before Justice Sanjay Kishan Kaul & Justice Kaur of the Delhi High Court. I think the petitions should be admitted without any difficulty. The three petitions have been filed by Super Cassettes or T-Series, Venus Entertainment and Bharat Anand. The first two are represented by Advocate Neel Mason and I’m guessing Amit

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Victory has a thousand fathers – CPI(M) stakes claim to Section 3(d)

/ By / Uncategorized

J.F. Kennedy had once famously stated “Victory has a thousand fathers but defeat is an orphan”. With the Supreme Court’s recent judgment rejecting Novartis’s patent application for its cancer drug, there has been much chest-thumping and back-slapping amongst the activist community and the generic pharmaceutical industry. It was only a matter of time before the Communist Party of India (Marxist) CPI(M) joined the party to claim its stake to the victory.  The CPI(M)’s mouthpiece, People’s Democracy, published an article in

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Delhi HC on trademark protection for domain name

/ By / Trademark

The Delhi High Court, in its recent judgment in Tata Sons Ltd & Anr. v. Arno Palmen& Anr., dealt with trademark protection for domain names. The suit was instituted by the plaintiffs against the defendants seeking permanent injunction against the defendants from using the trademark/domain name “WWW.TATAINFOTECH.IN” or any other mark/domain name which is identical with or deceptively similar to the plaintiffs’ trademarks – “TATA” and “TATA INFOTECH”. The instant dispute is another instance of cybersquatting. Cybersquatting (also known as

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Madras High Court strikes down amendment to S.126 of Patents Act

/ By / Patent

As discussed in our previous post, this post brings forth our analysis of some aspects of this important judgment.  The judgment was provided to us by Mr. S.P. Chockalingam, the petitioner in the case.  The judgment may be accessed directly here (Writ Petition 8472 of 2006). The judgment declares the amendment introduced to Section 126 of the Patents Act, 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 as illegal, unconstitutional, ultra vires and void.  Basically it allows all

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Zanjeer Battle Continues: Scriptwriters Javed Akhtar and Salim Khan Reach the Bombay HC

/ By / Copyright

Image from here Javed Akhtar and Salim Khan the scriptwriters of the original Zanjeer have moved the Bombay High Court against Sumeet Mehra and others/. As reported, the authors claim that they had allowed Prakash Mehra Productions (PMP) (Sumeet and Puneet Mehra were named the heirs to this production company) only to a one-time use of their script i.e. in making the original Zanjeer and had not authorized any reuse of the same. They also contend that since they retained

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