Balu Nair

Balu Nair

Balu is a graduate of the WB National University of Juridical Sciences and is currently practising law at the Madras High Court. He can be reached at [email protected]

Copyright

Authors’ Alliance Files Brief in Favour of Access to Course Packs


Authors’ Alliance (“Alliance”), a non-profit coalition that supports “authors who write to be read”, has filed an amicus curiae brief in Cambridge University Press et al v. JL Albert et al, supporting the non-profit use of academic works as part of course packs  The brief was submitted by the Alliance in an appeal filed by Cambridge University Press (CUP) against the decision of the district court for the Northern District of Georgia (“District Court”), which ruled in favour of the…


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Others

SpicyIP Weekly Review (March 12-18)


Last week saw the blog carrying a number of important developments from the Indian IP landscape. Although each story vied strongly to be the weekly highlight, the topical highlight of the week has to be the fellowship entry covering Delhi High Court’s order upholding the interim injunction granted by a single judge against Cipla for manufacturing the drug, ‘Indaflo’, in violation of Novartis’ patent over its drug ‘Indacaterol’.  The order assumes significance as it marks a set back to the…


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Drug Regulation Others

Plain Apathy or Sheer Incompetence? Govt. Sets New Lows by Running Out of Child Anti-HIV Drugs


Roughly two years back, Kartik had brought up the role of non-IP factors, specifically government apathy, in impeding “access to medicines”. The discussion came up in the context of National AIDS Control Programme (NACO) facing reverses due to the dwindling of stocks of anti-retroviral medication. Two years hence, the government and its bureaucracy, in a shocking display of indifference towards the children living with HIV, have turned a blind eye towards the running out of stocks of syrup containing the…


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Copyright

Interim Injunction Against Thomson Reuters Confirmed on Same Terms as SC’s Reed Elseiver Order


The Allahabad High Court has, on appeal, confirmed the interim injunction granted against Thomson Reuters in a suit by Eastern Book Company (EBC) for copyright infringement, on the same terms as the one granted to EBC against Reed Elseiver. As we had reported here, Supreme Court had confirmed the interim injunction granted to EBC for alleged infringement of its copyright by Reed Elseiver over the copyedited and modified judgments, and had also remitted the matter back to the trial court…


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Others

SpicyIP Weekly Review (February 12-18)


The topical highlight for the week, which also happens to be our first post of the week, is Prashant’s incisive analysis of the way in which Indian media has covered Global Intellectual Property Centre’s (“GIPC”) latest international IP index.  Prashant notes how the mainstream media has reproduced the findings of GIPC IP index, including the poor ranking accorded to India in the global IP environment, without critically assessing the methodology or motive behind the same. Prashant concludes by saying that…


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Copyright

Kerala Police at it Again: Embarks on a Massive Anti-Piracy Drive


The Anti-Piracy Cell (‘APC’) of the Kerala police, often in the news in the past for its strong anti-piracy enforcement drives, is again in the limelight for the arrest of two of mobile phone traders and seizure of pirated copies of copyrighted Malayalam movies. The incident does not seem to be a one-off event and the police have reportedly decided to carry similar drives all across the state. The APC seems to have been on their toes throughout the end…


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Copyright

Making Copyright Lose Again: Donald Trump and Plagiarism Allegations


Given the serious nature of the many wrong doings that Donald Trump has been accused of, copyright infringement is certainly going to be on the bottom of the list of his misdemeanours and something his lawyers should be least bothered about. Nevertheless, with every passing day, charges of plagiarism against Trump and his coterie seem to be piling up. While most of these charges may have an element of truth to them, whether any of them would actually stand the…


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Copyright

No Country for Clever Streaming Companies: VidAngel’s Services Shut Down


A U.S. District Court has granted a preliminary injunction (thereafter confirmed by the 9th Circuit Court of Appeal) against VidAngel, a movie filtering and streaming service. The Judge, while granting the injunction in favour of a slew of Hollywood movie studios, found that the services of VidAngel infringe the copyright held by these studios over the movies streamed by VidAngel to the viewers. This decision not only strengthens the monopoly enjoyed by Hollywood’s studios over the digital content in movies…


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Others

SpicyIP Weekly Review (January 8-14)


The topical highlight for the week was undoubtedly the raging issue of discrepancy in the viva scores in the Patent Agent Exam 2016. Through this timely post, Pankhuri brought our attention to the gross disparity in the viva scores of candidates who had tallied almost the same scores in the written examination. In the course of this post, she also pointed out the gulf in the average viva scores observed across different examination centres. Pankhuri notes that while the need…


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Copyright

Bom & Del HCs Get Strict with Collecting Societies: Demand Proof of Authorisation


In a series of orders, the Delhi and Bombay High Courts have highlighted the need for greater transparency in collection of licence fee and directed the collecting societies (IPRS, PPL etc.) to publish proof of their right to collect license fee. In two separate orders of the Bombay High Court (see, here and here) and one by the Delhi High Court (see here), the Courts have provided for interim mechanisms by way of which the collecting societies can take licence…


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