Divij Joshi

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

Copyright

Madras HC: Producer’s Right to ‘Communicate to the Public’ Includes the Right to Dub


The Madras High Court, in Thiagarajan Kumararaja v. M/s Capital Film Works and Anr. recently held that the producer of a film has the right to dub that film in any other language, subject to any agreement to the contrary. This is the first time that the Court has explicitly deliberated on the rights of the producer qua the author of the script regarding dubbing of a film. The judgement is available here. Brief Background The writer of the script…


Read More »
Others

SpicyIP Weekly Review (December 3-10)


The topical highlight for the week comes from Harshavardhan and Sreyoshi, writing about the Supreme Court’s decision in Patel Field Marshal and Anr. v PM Diesels and Ors. The question before the Supreme Court was whether, upon the institution of a suit for infringement under the Trademarks Act, the remedies for rectification of a trademark under Sections 47 and 57 (before the IPAB) are still available to the litigant, in case the plea of validity has been abandoned by the…


Read More »
Drug Regulation Patent

Sovaldi Saga Rages On – Malaysia Issues Government Use License Despite Gilead’s Voluntary License Deal


The World Health Organization records that as of October, 2017, 71 million people were affected by the Hepatitis C Virus (HCV), a debilitating virus which attacks the liver. Around 12 million people are affected by HCV in India – about one in every hundred. Just a few years ago, in 2014, the global incidence of HCV reported by the WHO was between 130-140 million. The remarkable decline in the HCV-affected population can probably be attributed to the blockbuster drug, Sofosbuvir….


Read More »
Copyright

CopyrightX @ Harvard – Applications for 2018 Are Now Open!


CopyrightX is an online course offered by Harvard University which can offer you a US-centric perspective on copyright law, and has opened applications for its 2018 batch. With a novel course structure and a great community, our readers from both legal and non-legal backgrounds might find this course incredibly meaningful in understanding modern copyright law in the digital age. CopyX is now accepting applications for the batch of 2018! We have written in detail about the course here, and you…


Read More »
Others

SpicyIP Weekly Review (November 12 –18)


This week’s topical highlight is Prashant’s investigation into the Indian Home Minister’s claims that copyright infringement and piracy are responsible for funding terrorism. Skeptical of these claims, Prashant requested the Ministry of Home Affairs for any information they may have to back up the claims made by the Home Minister. The MHA responded that they did not have any data to back up these claims, highlighting that the strange spectre of copyright infringement being a national security issue has little…


Read More »
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…


Read More »
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…


Read More »
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…


Read More »
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…


Read More »
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…


Read More »