Balu Nair

Balu Nair

Balu completed his B.A. LL.B. (Hons.) from WB National University of Juridical Sciences, Kolkata and LL.M. from Melbourne Law School as an Alex Chernov Scholar. He is currently working with Centre for Law & Policy Research (CLPR), Bangalore on its Supreme Court Observer project. He can be reached at [email protected]

Copyright

Publication of Pleadings without Lawyers’ Consent : Copyright Infringement or Fair Use?


Earlier this month, the Supreme Court held that legal pleadings/court records cannot be accessed through the Right to Information Act if the procedure for obtaining them is provided for under the procedural rules of the court (for a wonderful summary of the decision, see Prashant’s piece in The Hindu here). Pleadings are documents of various sorts submitted by parties to a case. In India, it is extremely difficult to access these documents. As detailed in this Vidhi report, one may…


Read More »
Others

Supreme Court Strikes Down Tribunal Rules: Trade Marks Act to Govern IPAB Appointments Again till New Rules are Framed


[This post has been co-authored with Pankhuri Agarwal] Earlier this month, the Supreme Court in Rojer Mathew v. South Indian Bank Ltd. & Ors., struck down the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 (‘Rules’) framed under Section 184 of the Finance Act, 2017 (‘Act’) on the grounds that they impinge on judicial independence and are contrary to the guidelines laid down in cases like RK Jain and Madras Bar…


Read More »
Others

Delhi HC Gives Expansive Interpretation to Section 79 of IT Act: Issues Global Blocking Order Against Intermediaries


On October 23, a single judge of the Delhi High Court – Justice Prathiba M Singh – issued an interim injunction directing Google, Facebook, YouTube, Twitter and other unnamed intermediaries to take down on a global basis, defamatory content uploaded on their platforms against Baba Ramdev (‘Judgment’). The Judgment is significant as it went beyond the conventional mode of ‘geo-blocking’, whereby the take-down of URLs is limited to specific geographic locations. Background The present Judgment is only a link in…


Read More »
Comparative Advertising

Constitutionalisation of Private Law Disputes: Horlicks Ltd and Anr. v. Heinz India Pvt. Ltd.


Judgments of Indian courts are often criticised for their use of convoluted language, verbosity, and tendency to digress into avoidable terrains (for instances of courts employing barely decipherable language, see this). A recent order of the Delhi High Court (‘Order’), in the matter of Horlicks Limited and Anr. v. Heinz India Private Limited falls into the third category- crossing into the territory of fundamental rights in a private law dispute. The Order was made in an application filed by Horlicks…


Read More »
Trademark

Delhi HC Awards Punitive Damages for Infringement of Christian Louboutin’s Red Sole Trademark


Justice Yogesh Khanna of the Delhi High Court, in his judgment dated July 31, 2018 (“Louboutin-3”), has granted permanent injunction and punitive damages against a Delhi based retailer for infringing the famed ‘Red Sole’ trademark of Christian Loubutin. The order appears to have taken a diametrically opposite view to the one taken by another judge of the same Court, Justice Valmiki Mehta, who barely a month ago, had held that Christian Louboutin’s ‘Red Sole’ Trademark was not eligible for trademark…


Read More »
Copyright

Does the Copyright Act Stand in the Way of Access to Legislations? : PIL Claims Bare Acts by Private Publishers Infringe Govt’s Copyright


It is no secret that the governments in India, both Union and State, have a dismal record in maintaining an authentic and easy to access database of legislations and judicial/executive decisions. Although things might have marginally improved over the last few years, most of the government websites continue to have a poor track record of collating legislations and judicial/administrative orders coherently. Legislations along with their amendments and connected sub-ordinate legislations are more often than not scattered across different websites and…


Read More »
Copyright

A Sneak Peek into the Murky World of Torrents


An estranged member of one of India’s most popular torrent websites, which goes by the name ‘Tamilrockers’, has given an interview that sheds much light into the modus operandi of the website in particular and the world of torrents in general. While the interview offers numerous fascinating insights into the functioning of torrent websites, if there was one key takeaway from the interview, it is that everyone is in on it, including you and me. As Mr. Bhaskar Kumar, who…


Read More »
Others Patent

Fun Patent Playing Cards for the Art and Patent Buffs!


Trust the patent buffs to explore novelty in places where others are unlikely to see it. One can also count on them to tide over the obvious to put it to use on a wide scale. Kevin Prince, a patent agent and author, has come up with the wonderful idea to have playing cards with patent illustrations in them. As Kevin has noted here, although the patent drawings/illustrations form an integral part of the patent applications, the artists who come…


Read More »
Copyright

Piracy and Terror Financing: Is the Devil Still in the Details?


We have in the past examined whether there exists a nexus between piracy and funding of terrorism and/or organised crimes (see here and here). The pertinent takeaways from our analyses were that most of the studies/reports, which have attempted to establish such a nexus have been inconclusive. As Swaraj had pointed out, there were contradictory statements from even within those who attempted to draw out this link. While this causal link continues to remain inconclusive, Union Home Minister, Mr. Rajnath…


Read More »
Copyright

Delhi HC Imposes Cost on Nitish Kumar for Abuse of Process of Law


While Nitish Kumar has got away with the wiliest of political manoeuvring in the recent past, the Delhi High Court has caught him off-guard with a move of its own. In its order dated August 2, 2017, the Delhi High Court has imposed cost of Rs.20,000 on  the Bihar Chief Minister for filing a frivolous application in a copyright infringement suit. The interlocutory application by Nitish Kumar under Order I Rule 10(2) of the Code of Civil Procedure, 1908, seeking…


Read More »