Divij Joshi

Divij Joshi is a lawyer and general-purpose enthusiast. In his alter-ego, he regularly saves the world by using technology for the greater good, until he wakes up.

Copyright Others

Breaking: Artists’ Royalty Feud Against Labels Heats Up – Enforcement Directorate Raids Five Major Labels in Money Laundering Investigation


The battle for fair payments of royalties between artists and copyright societies is in the limelight again, and this time, it’s music labels in the eye of the storm. Various media outlets have reported that the Enforcement Directorate (“ED”) has conducted searches and enquiries in the premises of five music companies, including YRF Music, Saregama (which has since confirmed the news in a public statement), T-Series, Sony and Universal Music, India’s largest music labels, in at least 12 locations, in…


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Copyright

It’s Open Access Week, 2017 (October 23-29)!


Open Access week is an annual, global event, conceptualised by the Scholarly Publishing and Academic Resources Coalition, (SPARC) and aimed at endorsing and popularising open access, particularly among the research and scholarly community. Open access refers to the practice of making scholarly and research work publicly available to anyone who wants access to it. Copyright law and its reform play an essential role in supporting open access and its goals of universal knowledge-sharing. We at SpicyIP enthusiastically endorse Open Access and you…


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Others

SpicyIP Weekly Review (October 15-21)


Our topical highlight for the week was a guest post from Rishabh Anjay Mohnot, who covered the recent decision of the Madreas HC in Mannivanan v. IPAB & Ors. on this blog. The Madras HC dismissed a writ petition filed against the dismissal of the petitioner’s patent revocation application by the IPAB. Rishabh notes that the Madras HC, while arguably coming to the correct conclusion in the case, failed to consider important aspects of a revocation claim, including the impact…


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Copyright

Publishers Unite to Fight Copyright Infringement on ResearchGate


ResearchGate, the world’s most popular scholarly collaboration network (SCN), which brands itself as an ‘online information society service’, might soon be facing its Napster moment. A coalition of major publishers, called the ‘Coalition for Responsible Sharing’, (which includes major publishing houses such as Elsevier, Wiley, Wolters Kluwer, The American Chemical Society and Brill) have issued a statement regarding the network’s alleged inability to adequately deal with alleged instances of mass copyright infringement, and have also initiated legal action against ResearchGate…


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Overlaps in IP Trademark

Here, There and Everywhere: Delhi High Court Rules That ‘Presence On Online Portals’ is Sufficient to Grant Jurisdiction


The Delhi High Court, in its judgement in Icon Health And Fitness, Inc vs Sheriff Usman And Anr., delivered on September 12, has held that the presence of the Defendant’s business on online portals such as Amazon or Google Play is sufficient to establish the court’s jurisdiction over the defendant, in a suit for passing off of a trademark. Case Background and Decision The plaintiff, a US-based company, filed a suit against the defendants, companies based in India and the…


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Others

SpicyIP Weekly Review (September 10 – 23)


The thematic highlight for this fortnight was Prashant’s post in response to a recent article by Professor Lawrence Liang on the DU Photocopy Case, almost one year since it was decreed. Prashant, who has previously critiqued the judgment in some incisive pieces on this blog, challenges certain premises on which the article celebrates the Delhi High Court’s judgment, including jurisprudence on whether copyright is a statutory or a natural right, as well as the history and effect of the Stockholm Convention Protocol Regarding Developing Countries. One year after…


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Copyright

IP Protection for the Manganiyar’s Seduction? Throwing Some Light on Copyright in Stage Directions


Anand and Anand report that a dispute involving claims of the infringement of copyright and passing off of Roysten Abel’s awe-inspiring stage production of Manganiyar folk musicians from Rajasthan, the Manganiyar Seduction, has recently been settled without a ruling on the merits of the dispute. The distinctive and extraordinary production by Abel combines the dramatic flair of a theatre production with the enchantment of a live folk music concert, which relies upon the harmonisation of the 43 musicians seated inside…


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Copyright

Screenwriters Association of India Applies for Registration as a Copyright Society


The Copyright Office in the Department of Industrial Policy and Promotion has recently issued a public notice stating that the Screenwriters Rights Association of India (“SRAI”) has applied to the Registrar of Copyrights for registration as a copyright society under Section 33 of the Copyright Act, 1957. The public notice and the application by the SRAI are available here. Public comments including suggestions or objections to the application may be addressed to the Copyright Office by September 28, 2017. From the application…


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Others

SpicyIP Weekly Review (August 13-19)


This week started with Prashant’s post about the numerous judgements of the Delhi High Court which have continued to apply the overruled judgement in Time Incorporated v. Lokesh Srivastava, relating to the grant of punitive damages in IPR cases. The cases show a disturbing misstep in the court’s refusing to follow the rule of stare decisis on the binding nature of the judgements of larger benches of the court. The next post was Harshvardhan’s exposition on trademark bullying, in the context of the dispute between eBay…


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Copyright

Madras High Court Issues ‘Ashok Kumar’ Order to Block the Internet Archive + 2649 Websites


  In yet another instance of overbroad and disproportionate online censorship, 2650 entire websites have been ordered by the Madras High Court to be blocked, nation-wide, as an interim measure against the infringement of copyright of certain films. The Madras HC, on July 21, 2017 and August 2, 2017, ordered an interim injunction against several Internet Service Providers (ISPs), in a case of copyright infringement, directing the ISPs to disable access to websites upon the plaintiff’s request, including, perplexingly, the…


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