Author name: Aparajita Lath

Aparajita is an Assistant Professor at the National Law School of India, Bangalore. She graduated from the National University of Juridical Sciences, Kolkata and Harvard Law School (LL.M). She has worked at AZB & Partners and Trilegal. She was also a Student Fellow at the Petrie-Flom Centre at Harvard Law School.

Court Stays the Screeening of Ketan Mehta’s Film

Image from here As reported here, Ketan Mehta’s attempt to convert Dashrath Manjhi’s life story into a movie has hit a road block as the screening of the film has been stayed by the Civil Court of Patna due to a suit filed by filmmaker Dhananjay Kapoor.  Dashrath Manjhi’s or the ‘mountain breaker’ is famed to have hammered through a hillock with a chisel (it took him 22 years). This endeavor was carried out by him for his beloved wife.  Reports […]

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Bombay HC rules on Zanjeer Controversy

As previously blogged (here and here), the judgment in respect of the Arbitration Petition in the Zanjeer remake controversy was pronounced yesterday (available here). The matter was between Adai Mehra Production Pvt. Ltd. (‘petitioner’/‘AMPL’) and Sumeet and Puneet Mehra (‘respondents’).  Though one of our readers has succinctly summarized the sequence of the dispute (here) a brief perusal of the relevant background is as follows –  The petitioner entered into co-production agreement with Fly Turtle Films for the production of the

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EU gaining a double benefit: Free Trade and GI protection

Image from here The EU-India Free Trade Agreement is under the scanner, as dairy-cooperative Amul has raised concerns regarding the adverse impact of reduced import duties for EU dairy products. The cooperative’s Managing Director has urged the Indian Commerce Minister to desist from accepting such terms as they would be detrimental to the interests of Indian farmers and consumers. It is feared that further reduction in import duties would enable the EU to dump subsidized products in the Indian market.

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Bombay HC restrains the release of any trailers/teasers of Zanjeer

Image from here The Bombay High Court (see here for order) has restrained the release of any trailers or teasers of the remake Zanjeer/ Thoofan (the Telugu version of the film), until the final judgment on this matter is pronounced.  The remade ‘Zanjeer’ has run into hot water, not only is it involved in a copyright dispute (see here) but also involved in a controversy regarding non-payment of dues for the film’s remake rights. Sumeet and Puneeth Mehra (Amit Mehra’s brothers) had

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Recent decision on Protection of Plant Varieties Act – Maharashtra Hybrid Seeds v. UOI and Ors

Image from here The case (here) in the following post is the first of its kind and an interesting one. It deals with matters related to the Protection of Plant Varieties and Farmers Rights Act, 2001.  Preliminary observation  Before going into the facts of the case, the court pointed to a major lapse on the part of the Government in relation to its inaction in implementing various provisions of the Protection of Plant Varieties and Farmers Rights Act, 2001 (‘the

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Full Bench Delhi HC (Design Act)- Reckitt Benkiser India Ltd. v. Wyeth Ltd.

Image from here A reference (order available here) was made to a Full Bench of the Delhi High Court to consider as to what amounts to ‘prior publication’ under the Design Act, 2000.  Previously, mere publication of a design by a foreign patent office was held not to constitute prior publication (Dabour Ltd. v Amit Jain (Del HC) and Gopal Glass Works v Asst. Contoller of Patents and Designs (Cal HC)). However, this ratio was questioned as it seemed to

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SpicyIP Weekly Review (March- Week 4)

Image from here This week has been quite exciting and action packed with SpicyIP covering various recent legal developments – cases, Copyright Rules, 2013 and other important legal issues.  Copyright Rules, 2013  The week started off with news regarding notification of the Copyright Rules, 2013 (Anubha’s post here). The new rules (available here) are pursuant to the recent Copyright Amendment Act, 2012. Prashant in his post (here) highlighted certain changes that the new rules have made with regard to the

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The recent AMUL-IMUL trademark controversy

Image from here Ichhamati Co-operative Milk Producers’ Union Limited filed an application for registration of the mark ‘IMUL’ (depicted in a  triangular shape) (Application No. 1281174) under class 29 (milk goods and other dairy products) of the Trademarks Act, 1999. After the advertisement of this application, Kaira District Co-Operative Milk Producers’ Union Limited (appellant) opposed registration of the trademark. The opposition was based on the ground that the appellant was carrying on a well established business of manufacturing, marketing and

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Zanjeer Remake Row before the Bombay HC

Image from here As TOI reports, Amit Mehra’s ‘Zanjeer 2.0’ starring Ram Charan and Priyanka Chopra is now before the Bombay HC. As blogged by us here, this remake is seeing a copyright controversy over the use of the original script of Zanjeer written by Salim Khan and Javed Akthar. The controversy started when Mehra did not seek permission from Khan and Akthar for use of the original script which provoked the duo to demand for payment of royalty. This

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A recent study shows that U.S. firms don’t actually dominate the IP market!

Image from here A recent article authored by Jonathan Band and Jonathan Gerafi titled ‘Foreign Ownership of Firms in IP-Intensive Industries’ (This was blogged about on IP Finance, for more see here) questions the long-followed assumption that U.S. firms dominate domestic and foreign markets for IP products.  America has almost always advocated for strong IP protection. This is because it is assumed that 1) Americans are global leaders in the production of creative and innovative services and products and 2)

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