2016

Financial Technologies (India) Ltd. gets sued for copyright infringement by American company

/ By / Copyright

The Mint’s Jayshree P. Upadhyay, recently published a detailed report on how an American company, Modulus Financial Engineering Inc. has sued Financial Technologies (India) Ltd. before the Bombay High Court for infringing the company’s copyright in its trading software and has claimed $480 million dollars or Rs. 3,190 crores, in damages. FTIL is a company which has developed a reputation for being the rare Indian company to successfully develop software products for the financial markets. Its main clients are brokers […]

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US Copyright law faces constitutional challenge

/ By / Copyright

In a major international development, the Electronic Frontier Foundation (EFF) has filed a lawsuit to strike down the provisions on Digital Rights Management(DRM) in the Digital Millennium Copyright Act. In this post, I discuss DRMs, the EFF lawsuit, and then draw upon the differences between the US and Indian copyright regime on DRM protection. (Long post ahead) You may read EFF’s lawsuit here. Decoding DRM If you own a Netflix account and travel a lot, you may have been denied

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SpicyIP Events: 11th Prof. S. P. Sathe National Moot Court Competition,  ILS Law College, Pune (23rd to 25th September)

/ By / Event

ILS Law College, Pune has released the problem for the 11th installment of its Prof. S. P. Sathe National Moot Court Competition (Moot). The Moot is slated to be held between 23rd and 25th September 2016. This year’s Moot Problem deals with a few novel and thought-provoking principles in the field of intellectual property law. The complete compendium, which consists of the Moot Problem and Moot Rules, is available here. Exhaustive details, including a list of dates to etch in your

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Delhi High Court takes ‘internet blocking’ jurisprudence back to the stone ages

/ By / Copyright

Just as the Bombay High Court was restoring some sense of sanity by streamlining ‘blocking’ orders demanded by copyright owners against online pirates, a Division Bench of the Delhi High Court has passed orders allowing for the blocking of entire websites rather than specific URLs. This order passed by the Division Bench of the Delhi High Court on July 29, 2016 is weak on law and appears to be grossly erroneous given the specific facts of this case. Let’s start

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Be Careful What You Pray For, You Might Just Get It – CTR v. Sergi Contempt Case

/ By / Others, Patent

The Bombay High Court (Justice G. S. Patel) in CTR Manufacturing Industries Limited (“CTR”) v. Sergi Transformer Explosion Prevention Technologies Private Limited (“Sergi/defendant”), recently dismissed four contempt applications filed by CTR against Sergi in relation to its patent infringement suit. The Court, following the test laid down by the Supreme Court in Food Corporation of India v. Sukh Deo Prasad (2009) 5 SCC 665), held that the power exercised by the Court under Order 39 Rule 2-A (consequences of disobedience

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SpicyIP Weekly Review (July 25-30)

/ By / Others

The topical highlights of the week were Professor Basheer’s follow up piece on the John Doe order for ‘Dishoom’ and Rahul’s analysis of this order. As Professor Basheer had noted in his previous post, Eros was earlier denied a blanket John Doe order and was told that a better researched, duly verified and authenticated affidavit could be taken up for consideration. As a result of this censure, Eros came back with an affidavit, in line with the order and was

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Update: Respite for Microsoft in its dispute with Girnar

/ By / Copyright

We have a short update on the ongoing dispute in the Bombay High Court between Microsoft and Girnar.  For a background of the case so far read Prashant’s post available here and Balu’s update here.  As reported by Times of India, an appeal bench has now stayed the proceedings before Justice Gautam Patel. The matter was supposed to be heard on August 1, 2016 to decide on the terms of withdrawal of the suit and consent terms.  Settlement talks between

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Bombay HC Effectively Transforms John Does from Swords to Shields – Delineates Most Robust Safeguards to Date

/ By / Copyright

Last week, Professor Basheer discussed the Bombay High Court’s refusal to grant a John Doe order for the movie Dishoom, which is slated for release on the 29th of July. Noting that Justice Patel’s refusal to grant a John Doe order merely on the basis of the ipse dixit of the plaintiff marks a paradigmatic shift in the John Doe jurisprudence of Indian courts, Professor Basheer had expressed the hope that Justice Patel would lay down a “nuanced, comprehensive and

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New Plan Scheme for the ‘Modernization and Strengthening of IPAB’ proposed

/ By / Others

As reported by LiveLaw, and published by the Press Information Bureau on the 27th of July 2016, the Ministry of Commerce and Industry proposed a Plan Scheme to ‘Modernize and Strengthen’ the Intellectual Property Appellate Board (IPAB) in Chennai. This information was provided by the Minister of State (Independent Charge) in the Ministry of Commerce and Industry, Nirmala Sitharaman by written reply in the Rajya Sabha. The Scheme sanctions a total cost of Rs. 14.70 crores under the 12th Plan, and

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The Big Mc-Mac Wars- II: India not Lovin’ McDonald’s as much

/ By / Trademark

(This post has been co-authored by Pankhuri Agarwal. She has recently completed her LL.M. in IP law from the National University of Singapore) In Part I of this post, we had discussed the EU General Court’s recent judgment in Future Enterprises Pte Ltd v. EUIPO & McDonald’s International Property Co. Ltd, which upheld the  cancellation of the mark ‘MACCOFFEE’ registered by a Singapore company, Future Enterprises, for its food stuffs and beverages. It was found that use of ‘MACCOFEE’ was without due cause

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