Balu Nair

Balu Nair

Balu is a graduate of the WB National University of Juridical Sciences and currently an LL.M. candidate at the Melbourne Law School. He can be reached at [email protected]

Copyright

ISRA Marks Another Victory at the Delhi High Court


In a strikingly similar decision to the one reported by Prashant two months ago (Indian Singers’ Rights Association v. Chapter 25 Bar and Restaurant, “ISRA-1”), the Indian Singers’ Rights Association (ISRA) has succeeded in another law suit brought about to enforce performers’ rights. The similarities are not just confined to the kind of reliefs prayed for or the grounds relied on; they even extend to the fact that this suit too was decreed ex-parte. As opposed to ISRA-1, “Dasti service” (service…


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Drug Regulation Patent

UN High Level Panel Releases a Hard Hitting Report on Access to Medicines and Health Technologies


The UN Secretary-General’s High-Level Panel on Access to Medicines (“Panel”) released its final report (“Report”) last month on the issue of promoting innovation and access to health technologies. It comes close on the heels of the UN Human Rights Council Resolution on Access to Medicines (see our post on it here) and echoes most of the sentiments expressed in the Resolution. The Report itself states that it builds on the “previous and existing work in the field of health technology…


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Patent

Puzzling Patents Galore!


When Prof. Basheer kick-started the series on absurd patents, readers would have been curious to know how absurd can absurd get. The guest post by Jasneet Kaur proved that human imagination for the bizarre and whacky knows no bounds. Continuing on from the previous post, I bring to you two more patents in our series of puzzling patents. Hamdog for the confused                 Have you ever been reminded of something equally tasty when…


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Copyright

Bollywood Now Frets over Intrusive Copyright Lawsuits- Calls for Stricter Scrutiny


The who’s who of Bollywood have been constantly demanding stricter laws and heavier punishments for copyright infringement. Some have even gone to the extent of saying that supporting piracy is akin to supporting terrorism. The Bhai of Bollywood, Salman Khan, himself no stranger to criminal justice system, suggested imposition of Terrorist and Disruptive Activities (Prevention) Act, against those who indulged in piracy (with TADA no longer in force, I am not sure what he meant)! Now in a bit of…


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Others

SpicyIP Weekly Review (September 4-10)


The thematic highlight for the week is our former blogger Dr. Mrinalini Kochupillai’s two part post (found here and here) on Bt Cotton licensing fee dispute and Prashant’s related post on the same issue. In the first of the two, Dr. Mrinalini speculates the possible reasons behind the Indian government’s decision to first issue and then withdraw the guidelines related to GM (including Bt) technology. She infers that the primary reason behind government’s move to introduce these guidelines is to…


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Copyright

Dealing with Pirates the Smart Way- The Joker Model


We are all too familiar with the spectrum of arguments in relation to piracy. While some push for a position of copyright maximalism, there are others who shrug off the very idea/ utility of copyright. Irrespective of the ideology one might want to follow, it would serve one well if the reality of piracy is accepted and ways to tackle it smartly are sought for. It is in this context that the recent attempt by SR Prabhu, producer of the…


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Copyright Designs

The Narrow Gets Narrower: The Tale of Artistic Works and Exceptions


The conundrum posed by the varying protection accorded by the Designs Act, 2000 and Copyright Act, 1957 for artistic expressions, especially industrial machinery, and the attempts by litigants to strategically make use of this confusing relationship have been well documented on this blog (see for instance, here and here). A recent order passed by the Calcutta High Court brings into limelight yet another relevant player in this plot- S.52 (w) of the Copyright Act. It provides for a fair use…


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Copyright

Woman fills up museum crossword art work and claims copyright!


What started off as an innocuous day out at the museum turned out to be a not-so-happy rendezvous with avant garde art for a 90 year old woman in Germany. While modern art can be confusing and leave much to imagination, the piece in question did nothing of that sort and was clear in what it stood for. It was an art work resembling a crossword puzzle with an instruction to its side, which read “insert words”. Perhaps heaving a…


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Copyright

Pokemon GO and Freedom of Panorama in India


“All the world’s a stage, And all the men and women merely players […]” One does not know if this was what the creators of Pokemon Go had in mind when they created the gaming app. Nevertheless, just a month into its launch, the app has taken the world by storm and its players are everywhere looking for their elusive catch. For the un- initiated, Pokemon Go is an augmented reality game developed by Niantic, which uses the GPS of…


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Uncategorized

SpicyIP Weekly Review (July 25-30)


The topical highlights of the week were Professor Basheer’s follow up piece on the John Doe order for ‘Dishoom’ and Rahul’s analysis of this order. As Professor Basheer had noted in his previous post, Eros was earlier denied a blanket John Doe order and was told that a better researched, duly verified and authenticated affidavit could be taken up for consideration. As a result of this censure, Eros came back with an affidavit, in line with the order and was…


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