Author name: Divij Joshi

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

Government Releases Reports on IPR in India – Focus on Access to Healthcare, Remedies for Piracy

/ By / Copyright, Patent, Trademark

The Centre for IPR Promotion and Management (CIPAM), a body established under the aegis of the Department of Industrial Policy and Promotion (DIPP), to guide policy in IPR and create a conducive environment for IP awareness and enforcement, recently released two documents as an assessment of the Indian IPR regime – Intellectual Property Rights Regime In India- Initiatives by the Government; Intellectual Property Rights Regime In India- An Overview While the first document outlines some important institutional reforms by the …

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Examining the Delhi High Court’s Jurisdictional Quagmire – Part II

/ By / Copyright, Trademark

In my last post, I examined some recent judgements of the Delhi High Court where the DHC had to grapple with the issue of when jurisdiction should be exercised in cases where a jurisdictional claim rests on an online transaction. As the summary of cases shows, the DHC came to contrary conclusions in cases with very little between them as far as facts are concerned. In this post, I want to identify some of the issues in the DHC’s recent …

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God, Sex and Truth – RGV Film in Copyright Row

/ By / Copyright

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

/ By / Copyright, Trademark

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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SpicyIP Weekly Review (January 14 – 20)

/ By / Others

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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SpicyIP Weekly Review (December 31-January 6)

/ By / Others

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

/ By / Trademark

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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SpicyIP Weekly Review (December 17-23)

/ By / Others

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

/ By / Copyright

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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SpicyIP Weekly Review (December 3-10)

/ By / Others

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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