SpicyIP Weekly Review (January 22-28)

The thematic highlight for the week is Mr. Rajiv’s overview of the legal issues that Qualcomm is facing in various jurisdictions, by virtue of its alleged anti-competetive practices, overpriced licenses and non-compliance with FRAND terms. While discussing four cases in which Qualcomm ran into legal trouble for the above mentioned reasons, he deals with the following broad areas:

i. A brief breakdown of Qualcomm’s general manner of functioning.
ii. Qualcomm’s Anti-competitive practices.
iii. Manner of determining jurisdiction while imposing regulations.

The topical highlight for the week has to be Balu’s lucid analysis of a U.S. District Court between a set movie studios against a movie filtering/streaming service provider (VidAngel). The piece attempts to answer the following key questions:

i. What are the rights that are passed on when one buys a movie disc?
ii. Would a movie filtering service be deemed to be “transforming” the original?

While reporting upon Ayyadurai’s $15 million defamation suit against Techdirt for calling him a ‘fraud’ and a ‘liar” in multiple articles, Rahul briefly discusses the following areas:

i. The legal weight of Ayyadurai’s arguments.
ii. The legal validity of Techdirt’s arguments.
iii. Free speech implications.

Next, Pankhuri reported upon a petition filed by Oxford University students urging Oxford University Press to refrain from appealing against the Delhi Photocopy case judgment, while briefly touching upon the threats of an alternate model, such as a collecting society.

Finally, we have a guest post, from Mr. Dinesh Parmar, which discusses incorrect solutions to two questions from the Patent Exam 2016. He implores readers to send in their views, so that the issue can be furthered with the IPO. Though the IPO had replied to his qualms, they haven’t provided any timeline to resolve the issue.

The events which were brought to your notice this week include:

IIPRD Symposium on Software and Electronics Patent Portfolio Development Scenario in India and US.
February 23, 2017 – February 24, 2017.
Bangalore & Pune.
Payment and further course details here.

ITechLaw International India Conference 2017.
February 1, 2017 – February 3, 2017.
ITC Maurya, New Delhi.
Special discount for SpicyIP readers.
Payment and further course details here.

International Developments:

1. McCartney attempts to reclaim Beatles copyrights from Sony.
2. Apple files patent for a vaporizer.
3. User’s will no longer receive copyright warnings from US ISPs.
4. Kylie Minogue withdraws from TM tussle with Kylie Jenner.


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