Divij Joshi

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

Copyright

God, Sex and Truth – RGV Film in Copyright Row


(This post has been authored by and published on behalf of Sreyoshi Guha) In what can be termed as a rather “spicy” development, Indian film maker Ram Gopal Varma – well known for films such as Aag, Sarkar, etc. has been slapped with a copyright infringement suit, before the City Civil Court, Hyderabad. The controversy is centered on his up-coming movie, “God, Sex And Truth” starring American Adult Film Star, Mia Malkova. Before we get into the specifics of the…


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Copyright Trademark

Examining the Delhi High Court’s Jurisdictional Quagmire on Online Elements – Part I


Over the past few years, the Delhi High Court has had a number of occasions to consider the question of jurisdiction in trademark and copyright cases. One common thread between many of these has been the element of online transactions, where jurisdiction rests on the Court’s interpretation of the impact of online transactions on a traditional jurisdiction analysis. However, despite this element becoming ever more ubiquitous, the jurisprudence around online jurisdiction has become more convoluted. In this post I aim…


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Others

SpicyIP Weekly Review (January 14 – 20)


The thematic highlight of the week was Prof. Basheer’s post on how Brazil and India have responded to issues of pendency in IP administration. Here, he points to two examples – Brazil’s radical idea to expeditiously approving pending patent applications through a ‘simplified process’, and India’s decision to deem 5,00,000 trademark applications as abandoned. Thankfully, the former decision has not been implemented yet, and latter decision has been stayed by the Delhi High Court and, as one of our readers…


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Others

SpicyIP Weekly Review (December 31-January 6)


Hello, readers! The first week of the year has been quite exciting for the blog, with our year-end review of 2017 in Indian IP, Prof. Basheer kicking off SpicyIP’s Interview Series, and Prashant breaking some major developments at the IPAB, along with some other interesting reads and news. Pankhuri curated our Top 10 lists for 2017 as a year in review post. The post highlights crucial developments in four fields – a) Top 10 IP Cases/Judgments (Topicality/Impact) b) Top 10 IP Cases/Judgments…


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Trademark

‘BOOKMY’  Row – Delhi High Court Denies ‘bookmyshow’ an Interim Injunction Against ‘bookmysports’


The Delhi High Court in Bigtree Entertainment v Brain Seed Sportainment, recently denied the Plaintiffs, proprietors and owners of the website bookmyshow.com, an interim injunction against the Defendant’s use of the domain bookmysports.com. Ms. Justice Gupta’s order is important to inquire into, largely due to the court’s analysis of the Plaintiff’s prima facie case. Background and Contentions The Plaintiff operates a popular online ticketing platform known as bookmyshow. It has also secured registration in BOOKMYSHOW word marks and logos under classes…


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Others

SpicyIP Weekly Review (December 17-23)


Merry Christmas to all our readers! We’ve had an exciting week at the blog, with some major developments breaking on the blog: The topical highlight for the week is Prashant’s post on IPRS’s re-registration as a copyright society. This comes in the aftermath of a long and bitter battle for the control over the copyright society and its functioning, polarizing artists and music labels. The registration is the outcome of a reconciliation between the two groups, forged particularly through the…


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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…


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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…


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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….


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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…


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