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]

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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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Copyright

Delhi HC Brings More Christmas Cheer: Restrains IPRS et al. from Issuing Licences in Violation of S.33


In the latest development involving “copyright societies” under the Copyright Act (“Act”), a Single Judge of the Delhi HC has restrained three entities- Indian Performing Rights Society (“IPRS”), Phonographic Performance Limited (“PPL”) and Novex Communications from issuing or granting licenses in breach of S.33 of Act. The interim order passed by Justice Sanjeev Sachdeva, came in a Writ Petition (“Petition”) filed by M/s Event and Entertainment Management Association (“Petitioner”) and has directed IPRS, PPL and Novex to refrain from any…


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Copyright

Breaking News: Del HC Division Bench Rules in Favour of Safe Harbour for Intermediaries in MySpace-T Series Copyright Dispute


In a path breaking judgment (“Judgment”), a Division Bench of the Delhi High Court has reversed the findings arrived at earlier by a Single Judge (Justice Manmohan Singh), on the question of intermediary liability and held that that intermediaries are immune from liability against copyright infringement for third party content unless “actual knowledge” on their part can be proved. The Bench, while arriving at the decision, has ruled that S.79 of the Information Technology Act, 2000 (“IT Act”) provides a…


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Patent

Proportion of Women Inventors on the Rise, Say Two New Studies


A brief while ago, I had published a piece on the interface between gender and IP. One of the key take- aways from the post was that the number of women patentees worldwide is extremely low as compared to men. Two recently published studies- one by the UK Intellectual Property Office (“Study 1”) and another, a working paper of WIPO (“Study 2”) – point out that the gender gap among inventors is slowly but surely being bridged across the world….


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Others

Latest ‘Access to Medicine Index’ Released


The latest ‘Access to Medicine Index’, a biennial study that ranks the top 20 innovator companies on 7 parameters related to access, has been released for 2016 (for our coverage of the 2008 and 2014 Indices, see here and here). The Index assesses how effectively the top 20 research-based pharmaceutical companies make medicines, vaccines and diagnostics more accessible in the middle and low income countries. It is brought out by ‘The Access to Medicine Foundation’ funded by the UK Department…


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