Author name: Gaurangi Kapoor

Gaurangi graduated from Dr Ram Manohar Lohiya National Law University and completed her postgraduate in IP and Technology Law from JGLS. She is currently an Academic Associate at Indian Institute of Management, Ahmedabad.

Appeal Against NBA’s Order: Use Of Biological Resources For Research Purposes Amounting To Commercial Utilisation?

/ By / Others

In 2018, an Office of Memorandum (Memo) was passed by the Ministry of Environment, Forest and Climate Change directing the National Biodiversity Authority (NBA) to consider, on merit, the cases of entities/ persons, who were unaware of the provisions of the Biological Diversity Act and were using biological resources without approval. Thus, as explained by Adarsh here, this Memo enabled such entities to get an ex-post facto approval for past conduct. Emitting from this arrangement is the appeal in DCM […]

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SpicyIP Tidbit: Putting An End To The Delhi Curfew, 18th G20 Meeting Releases its Aspirational Declaration!

/ By / Others

Yesterday concluded the 18th meeting of G20 leaders at New Delhi, India. On 9th September, the Indian G20 portal released G20 Leaders’ Declaration (Declaration) covering a wide range of areas: economy (inclusive growth and circular economy), finance (international taxation, issues in financial sector and money laundering), gender equality, SDGs, AI, and technology.  While there seem to be general commitments made in its preamble, specific aims have been enlisted under each category branching into sub-categories. While perusing through the Declaration, I

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SpicyIP Tidbit: The Never-ending Jugalbandi Between The Government And Court Over Playing Of Music In Marriage Related Events!

/ By / Others

The DPIIT, recently issued a public notice regarding collection of royalties by copyright societies for playing of music in marriage functions under Section 52(1)(za) of the Copyright Act 1957 (Provision). Citing the Provision it directed the copyright societies to refrain from acting in contravention to the Provision. But this is not the first time the executive has issued such a clarification. The Copyright Office, in 2019, issued a public notice, directed to all the stakeholders, clarifying that no licence was

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K’taka HC Refuses To Quash FIR Against Rahul Gandhi And Others

/ By / Copyright

People following Indian politics would know about the “Bharat Jodo Yatra” (Yatra). While the Yatra seems to have ended, its (presumingly) unforeseen aftermath still continues to haunt the Indian National Congress (INC). Readers would remember Nikhil’s informative post on the copyright infringement claims by MRT Music against INC for unauthorised use of KGF: Chapter 2 songs. Adding to the controversy, the High Court of Karnataka in Sri Jairam Ramesh vs State of Karnataka and Ors has now refused to quash

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‘Where thou documents?’ asks BHC, denying interim injunction to Shemaroo

/ By / Copyright

In a copyright dispute involving two giants of the media industry, Shemaroo sued Super Cassettes (SCIPL), in Shemaroo Entertainment Ltd vs Super Cassettes Industries Pvt Ltd and Ors, for allegedly publishing audio-visuals of songs from 24 films (suit films) without seeking prior permission from it. However, a Single Judge Bench of the Bombay High Court refused to grant a temporary injunction to Shemaroo placing significant emphasis on the title of the assignment deed to ascertain the rights of the parties

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SCOTUS Sundae: Large Scoops of Weekend IP Reading!

/ By / Copyright, Patent

This Sunday, I bring to you a few judgments from the Supreme Court of the United States (SCOTUS) which at first glance, may not have a direct relevance for the Indian IP landscape yet are quite significant developments that our readers are likely to be interested in. I’m yet to read these orders in depth myself and have added links to some commentaries for your weekend reading. Please feel free to comment with your own thoughts or links!  Happy reading! 

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World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain

/ By / Others

In a landmark order regarding right to publicity, the Single Judge Bench held in the case of Digital Collectibles vs Galactus Funware Technology Pvt Ltd  that the use of publicly available information of a celebrity will not amount to infringement of right to publicity. Contributing significantly to defining the scope of publicity rights, the Court said that in the absence of statutory basis for right to publicity, one must rely on principles of the tort of passing off. It further

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