Devika Agarwal

Devika is a Policy Analyst at Nasscom. She first started writing on Spicy IP in 2013 when she was awarded the Spicy IP Fellowship, which sparked her passion for writing on IP. Devika is interested in copyright and technology law.

Event

‘A Question of Law 2014’~ Annual Quiz on Law Day

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SpicyIP is pleased to announce that Rainmaker is organizing the 4th edition of ‘A Question of Law 2014’, its annual quiz on law and related subjects, on 26th November, i.e., Law Day. The quiz which has witnessed widespread participation ever since its inaugural edition in 2011 at Teen Murthi Bhawan would be hosted by Supreme Court Advocate, Mr. Gopal Sankaranarayanan.  Mr. Sankaranarayanan brings with him years of quizzing experience and is sure to keep the audience enthralled and the participants…


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Geographical Indication Trademark

Trademark Battle over ‘Khadi’

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It has recently come to the notice of the Indian Government that a German company is using the term ‘khadi’ in its trademark. Khadi, a special type of hand-spun cloth made in India was popularized by Gandhi as a symbol of self-sufficiency and Swaraj (self-rule) in the midst of the Indian National Freedom Movement. The German company in question is ‘Khadi Naturprodukte’ which is in the business of selling various Indian-origin products such as shampoos, soaps and oils in Europe;…


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Others

SpicyIP Weekly Review (27th October to 2nd November, 2014)

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SpicyIP Highlight of the Week! The SpicyIP Highlight of the Week goes to Thomas’ post on the plain packaging notification issued by the Government of India this week. According to the notification, atleast 85% of the packaging of tobacco products must now bear pictorial and textual statutory warnings; one wonders if this amounts to a de facto plain packaging requirement. The issue of plain packaging of tobacco products assumes importance in the light of the recent WTO dispute regarding the…


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Copyright Patent Trademark

SpicyIP Tidbit: DU to have its own IP policy soon!

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The Economic Times recently reported that Delhi University would soon be having its own IP policy in place. The IP policy would seek to address and clarify, inter alia, the issues pertaining to patentability of the research undertaken by DU staff and students, registration of copyright and trademark by DU and the question of ownership of the intellectual property. The Intellectual Property Rights Cell at Delhi University, established in the year 2008, aims at helping the students and faculty manage…


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Copyright

Blast From the Past: Dilip Kumar Pickles and Parveen Babi Soap

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Two film stars recently made news when they sought to restrain the release of movies purporting to associate themselves with these actors- the actors alleged that the movies were violating the ‘personality rights’ of the respective actors. (We had covered these developments in our posts here and here). Personality rights or image rights are rights of a person who has acquired a celebrity status, to restrain others from commercially exploiting his name or image; this is because the celebrity or…


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Copyright

Breaking News: Shemaroo refused injunction in ‘Tamanchey’ case

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In an order dated 10th October, a Division Bench of the Bombay High Court rejected Shemaroo’s application for an injunction restraining the release of the film ‘Tamanchey’. Shemaroo Entertainment Ltd. had earlier filed an application before a Single Judge Bench of the Bombay HC asking for an injunction to restrain the release of Suryaveer Singh Bhullar’s ‘Tamanchey’ on the ground that the film incorporated a video clipping of the popular song ‘Pyar Mein Dil Pe Maar De Goli’, the copyright…


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Copyright Others

Blast From the Past: Pyaasa (1957)

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No discussion on Indian cinema is complete without the mention of Guru Dutt’s timeless classic ‘Pyaasa’. Starring Waheeda Rehman and Guru Dutt in key roles, the film is about the life of a struggling poet, Vijay, as he tries to make sense of a world which is steeped in greed and selfishness. I watched the film for the first time yesterday and I was thrilled to discover that the film has a copyright angle to it! [Warning: Spoiler ahead!] After…


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Copyright

SpicyIP Tidbit: Happy New Year granted John Doe order ahead of its release

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  Red Chillies Entertainments Private Limited’s film ‘Happy New Year’, starring Deepika Padukone and Shah Rukh Khan, is set to release in theatres across India on 24th October, 2014. The production house has recently obtained a John Doe order from the Bombay High Court dated 14th October, 2014 which restrains any person from “telecasting/broadcasting/distributing/putting on the cable TV network/disseminating/reproducing or otherwise making available to the public, the film ‘Happy New Year’” or “from (i) making a copy of the said…


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Copyright Trademark

Jurisdiction in E-Commerce IP Disputes

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Given the meteoric rise of e-commerce companies like Flipkart and Snapdeal in India, one may safely conclude that e-commerce is here to stay. Legal disputes in the e-commerce sphere are already cropping up dime a dozen. These disputes are unique in this that unlike traditional businesses which are permanently established in a particular geographical region, e-commerce businesses enjoy a virtual/online presence and this inevitably leads to questions of jurisdiction being pondered by the Court. Recently, the Delhi HC in World…


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Others

Freedom Trust Launched to Protect Free Speech in India

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Hartosh Singh Bal who is currently the political editor at The Caravan and formerly held the post of the political editor at Open magazine has, in an article on Free Speech Debate, introduced an initiative recently launched by him to protect free speech in India. I am reproducing some of the important points highlighted by Mr. Bal in his article which prompted the initiation of such an initiative. Bal’s article begins by illustrating instances of blatant censorship imposed by the…


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