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Divij Joshi

Divij Joshi is a lawyer and tinkers in technology and policy. He tweets @divijualsuspect.

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Avnish Bajaj Redux? Supreme Court of India Denies Relief to Google in Criminal Defamation Proceedings


In its judgement in Google India Pvt. Ltd. vs M/s Visakha Industries, delivered on December 10, 2019, the Supreme Court denied to quash defamation proceedings against Google for its failure to expeditiously remove allegedly defamatory material from its ‘Google Group’ service. The case is significant for online intermediaries operating in India, as it holds that online intermediaries may be liable as a ‘publisher’ in criminal defamation proceedings under the Indian Penal Code in certain circumstances. Background Google, the appellant company,…


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Overlaps in IP

WIPO Public Consultation on AI and Intellectual Property


The World Intellectual Property Organisation has called for public comments as part of its process to develop a policy on Artificial Intelligence and Intellectual Property Rights. The call is available here. The call is concurrent with the release of WIPO’s issues paper where it has outlined the following core issues concerning the relationships between AI and IP: (a) Patents (b) Copyright (c) Data (d) Designs (e) Technology Gap and Capacity Building and; (f) Accountability for IP Administrative Decisions. Submissions are…


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Trademark

Sale of the ‘.org’ Domain Registry Sparks Concerns About Privatisation of the Internet Commons


The administration of the World Wide Web’s ‘.org’ domain registry has been handed over from a non-profit organisation to a private equity organisation, sparking concerns and backlash about the privatization of internet commons and possibly increased censorship owing to the change in the non-profit status of the domain name registrar. Domain name registrars are responsible for the allocation of domain names (the naming system of the world wide web) and also set the policies for acceptable uses of Top Level…


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Others

Bombay High Court Orders ‘Urgent’ Ex-Parte Ad-Interim Applications in IP Matters to be Held in Chambers (Now Revoked)


As per a notice dated November 6, 2019, the Bombay High Court had directed that all urgent mentioning for ex-parte ad-interim applications in IP matters will be held in the chambers of the judge, from November 7, 2019. As per the notice, the matters allowed to be circulated after the in chamber hearing, will be placed on the ‘production list’, which will be heart at 11:00 am on the assigned date. This procedure had been adopted on the directions of…


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Copyright Privacy

CJEU Endorses ‘Notice and Stay Down’ For Illegal Online Content


In a major ruling on October 3, 2019, the CJEU in Case C-18/18 – Eva Glawischnig-Piesczek v Facebook Ireland Limited, held that national courts may direct injunctions against online content-hosting intermediaries like Facebook, which require the intermediary to block the specific content globally, as well as blocking identical or equivalent content or information. This marks a crucial turn in online content regulation in the EU, as it explicitly endorses a ‘notice-and-stay down’ standard for content removal, and endorses upload filters…


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Overlaps in IP Privacy

Just (Let) Google (Do) It: Updates on the Right to Be Forgotten from the European Union


In two significant judgements made on September 24, 2019, the top court of the European Union, the CJEU, has deliberated upon the scope of the delisting and de-indexing requirements (otherwise known as the Right to Be Forgotten (‘RTBF’)) to be followed by search engine operators under the EU’s data protection laws, including the Data Protection Directive as well as the more recent General Data Protection Regulation. In Google v CNIL, the Court has held that EU law does not require…


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Others

40 Days: Remembering and Celebrating Prof. Shamnad Basheer


In several traditions, including those followed by Prof. Shamnad Basheer’s family, the 40th day after passing is a day of remembrance and marks the end of a mourning period. As posts, tributes and celebrations of Prof. Basheer’s life and work have poured in, some of the current and past team members of SpicyIP have written fond remembrances and eulogies, which we are publishing here today. Balu Nair “The last 40 days have made me realize that some wounds are too…


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Copyright

Is the Clock Ticking for TikTok’s Intermediary Liability Exemptions?


A recent stand-off between TikTok and ShareChat, two major online social media platforms in India has brought to fore several issues and inconsistencies in India’s intermediary liability regime. On August 23, it was reported that ShareChat, the ostensibly ‘homegrown’ social media app, complied with certain takedown notices sent by TikTok over content which had previously been shared on TikTok, claiming it had ‘exclusive rights’ over such content, and it was being uploaded and shared without authorisation on ShareChat. On August…


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Copyright Innovation

Should Indian Copyright Law Prevent Text and Data Mining?


We are incredibly excited to bring to our readers a guest post by the fantastic Dr. Arul George Scaria, on one of the most cutting-edge developments in technological developments which implicate copyright law – text and data mining and their status under Indian copyright law. Dr. Scaria is an Assistant Professor of Law and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC). He is also an Affiliate Faculty of the CopyrightX program, which is a course offered…


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Copyright

Delhi HC Issues Dozens of Blocking Injunctions under the New ‘Dynamic Injunction’ Process, Asks Government to ‘Suspend Domain Name Registrations’


The Delhi High Court, over the course of a dozen interim orders between July 27 and August 12, 2019, has issued website blocking injunctions for ISPs to block dozens of websites and their mirror/redirect versions, including popular pirate websites Tamilrockers and eztv. The orders are available here. The ex-parte orders, passed in suits instituted by Warner Bros. Entertainment Inc., compel nine ISPs to block the entire website URL’s for specific websites, and further grant the plaintiff’s ‘dynamic injunctions’, which allows…


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