The Committee of Experts on Non-Personal Data (NPD) Governance Framework, constituted by the Ministry of Electronics and Information Technology released its Report on July 12, 2020. The Report purports to be a framework for governance of NPD, meant to grant access to NPD to industry players and the government for overarching public purposes. In order to increase the competitiveness of local and small enterprises and spur innovation, the Report is aimed at mandatory sharing of data to create economic advantages…

SpicyIP Weekly Review (October 5 – 11)

by Anupriya Dhonchak October 12, 2020

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Topical Highlight IPAB to Fix Statutory Licensing Rate for Radio Royalties after 10 Years In this post, Adyasha discusses the IPAB’s recent interim order which maintains the status quo of the royalty rate for radio broadcasts under statutory licensing. Subsequently, IPAB issued a public notice inviting suggestions from stakeholders regarding fixing royalty rates. Adyasha analyses the context in which Section 31D of the Copyright Act was added by way of amendment in 2012 to note that the purpose of the…

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part II

by Anupriya Dhonchak September 29, 2020

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This post is in continuation to my previous post (here) on the National Digital Library of India’s Copyright Guide. Here, I discuss how the Copyright Guide’s Templates of Declaration demonstrate a flawed understanding of fair dealing and user rights under the Indian Copyright Act. Is the concept of “Fair Dealing” in the Indian Copyright Act related to Libraries clearly explained? If not, please indicate the aspects that are not sufficiently clear. The Guide adopts the progressive legal ontology of calling…

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I

by Anupriya Dhonchak September 29, 2020

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The National Digital Library of India (NDLI) has come up with India’s first Copyright Guide for Indian Libraries. The stated objective of NDLI is to educate, enable and empower the youth using quality knowledge and learning resources while harnessing the power of the digital medium. This Guide has been created, keeping in mind our current age where new technologies and gatekeepers of knowledge make it difficult for librarians to understand and deal with multiple issues pertaining to copyrights. It is…

Lizzo’s Copyright Victory in Truth Hurts: Joint Authorship and Follow-on Works in the Music Industry in India

by Anupriya Dhonchak September 10, 2020

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Lizzo, like many other pop stars, has been embroiled in multiple copyright disputes. Recently, she won a case she filed against songwriters Justin Raisen, Jeremiah Raisen, and Justin “Yves” Rothman. They had claimed that the superhit song ‘Truth Hurts’ was derived from ‘Healthy’, which they wrote with Lizzo, making them co-owners of ‘Truth Hurts’ too. Judge Dolly M. Gee of United States District Court in Los Angeles ruled in favour of Lizzo, noting that, “as a matter of law,…

SpicyIP Weekly Review (August 24 – 30)

by Anupriya Dhonchak August 31, 2020

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Topical Highlight Patanjali’s Coronil Trademark: The Dilemma of Dilution In this post, Adyasha discusses the Madras High Court’s recent order restraining Patanjali from using the word ‘Coronil’ on its immunity-booster tablets. She argues that the Single Judge’s interpretation of dilution under Section 29(4) of the Trade Marks Act 1999, is riddled with serious inconsistencies. Patanjali contended that Arudra’s trademarks did not meet the well-known mark threshold for Section 29(4) to apply. However, the Court held that ‘reputation in India’ was to be…

Interrogating the Norm of Anonymity in Research Ethics: Visibility, Representation and the Right to Attribution

by Anupriya Dhonchak August 30, 2020

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Social research that inquires into power structures is often riddled with hierarchies itself. For instance, the difference in the status of the researcher and the research subject is not devoid of crucial power differentials. Women and minorities in protected works are often written about from an external gaze. Their personhood, expressions and contributions are reduced to that of a passive ‘muse’ or a ‘subject’, being acted upon by the genius author who claims sole authorship of the work to which…

SpicyIP Weekly Review (August 3 – 9)

by Anupriya Dhonchak August 10, 2020

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Topical Highlight Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet In this post, Arun examines the Madras High Court’s recent order injuncting Patanjali from using the trademark ‘Coronil’ and appreciates its lucid interpretation of Section 29(4) of the Trade Marks Act. The plaintiff argued that defendant’s use of the mark would dilute its reputation due to the perceived inefficacy of the product and the accompanying negative press. The Court held that…

Competition Law Innovation Others Trademark

Ritter Sport Wins Trademark for Square Chocolates: Bitter Consequences of Trademark Maximalism

by Anupriya Dhonchak August 4, 2020

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In a surprising ruling by the Federal Supreme Court of Germany (BGH) recently, well known German chocolate brand, Ritter Sport (“Ritter”) won exclusive rights to square packaging for its chocolates. The Court rejected the appeal by competitor Milka, a Swiss chocolate company that had been trying for almost a decade to challenge Ritter’s trademark protection for shape. Decision and Reasoning The Judges held that the square shape of the bar was not functional as it did not add any essential…

Onerous Copyright Licensing, Fair Dealing and Alternatives to TikTok

by Anupriya Dhonchak July 23, 2020

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Content sharing platform TikTok is the first among the list of apps in the Indian government’s recent Press Release, announcing a ban on 59 Chinese applications due to concerns such as threat to “sovereignty and integrity of India.” As mentioned in an insightful piece by Ameet Datta, there are many copyright obstacles before the call to find a comparable Indian substitute for TikTok can be materialised. Datta refers to three types of licenses that any service modelled on TikTok’s format…

Deepveer { Apart from the fact that the SC has now left everything open, the comment here is thoroughly off-base. In fact, the DB was wrong on two critical counts:... }
Ajay { Delhi HC needs to relook at confidentiality club rules as it is getting misused. A law firm abused this to harrass a whistleblower. Details are at https://nishithdesaiassociates.wordpress.com/2021/08/04/anuradha-v-bajrangi/ }
Anon { Hi, you say that "the Court affirmed that advertisements triggered by third-party trademarks will lead to confusion regarding the origin of the goods and services advertised." Are you... }
Sandip Bose { Very helpful review. Thanks for sharing. }
Asif Iqbal { "qualitatively not substantial to the original work". Isn't this argument conflicting with the position taken in this article?. Highlights are the key moments in a game. }

De-Coding Indian Intellectual Property Law

Non-Personal Data Governance Framework and Intellectual Property Implications

SpicyIP Weekly Review (October 5 – 11)

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part II

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I

Lizzo’s Copyright Victory in Truth Hurts: Joint Authorship and Follow-on Works in the Music Industry in India

SpicyIP Weekly Review (August 24 – 30)

Interrogating the Norm of Anonymity in Research Ethics: Visibility, Representation and the Right to Attribution

SpicyIP Weekly Review (August 3 – 9)

Ritter Sport Wins Trademark for Square Chocolates: Bitter Consequences of Trademark Maximalism

Onerous Copyright Licensing, Fair Dealing and Alternatives to TikTok