Author name: L. Gopika Murthy

Gopika is a fourth year student at National Law School of India University, Bangalore. She was formerly the Chief Editor of the Indian Journal of Law and Technology. Her first exposure to Intellectual property law and SpicyIP was through the University Moot Rounds at NLSIU, Bangalore in her first year. She has been regularly following the developments in the field of IPR since then and she hopes to contribute to the reporting of such developments. Her areas of interest in IP include copyrights, open access, fair dealing and trademarks.

The trend of blocking URL’s on ISP’s continues in India?

Recently, Medianama reported that certain URL’s such as Uploaded.net, ul.to, stooorage.com and lookingglass.blog.co.uk have been blocked on certain ISP’s in India. These URL’s are those of file sharing sites, image hosting sites as well as a foreign blog on politics. These come in a long line of websites blocked on the orders of the DoT, such as the orders to ISP to block 78 URL’s in India as well as the April 2013 order to block websites such as Zegde and Care.org in …

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SpicyIP Events: FMC-DSIR-APTDC Workshop for Identifying the Technologies for Acquisition

The Andhra Pradesh Technology Development & Promotion Centre (APTDC) has partnered with the Department of Scientific and Industrial Research(DSIR) and Foundation for MSME Clusters (FMC) to conduct a one day workshop on Facilitating Technology Acquisition in Hyderabad on 28th June, 2013. The Workshop is set to be conducted in light of the new Patent Acquisition and Collaborative Research and Technology Development Scheme (PACE), launched by the Government of India. The scheme intends to facilitate technology acquisition by industries and especially …

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Artists unionize and register copyright societies to avail of benefits under the Amended Copyright Act.

The Copyright (Amendment) Act, 2012 brought about a number of changes to Indian copyright law. One significant change was allowing the authors of a work in cinematograph films, which includes singers, composers, lyricists etc, to claim an equal share of the royalties earned by producers through utilization and exploitation of their creative product. This was contrary to the industry practice till then, which involved authors of songs assigning away their copyrights to the producers for a one-time lump sum payment. …

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Micolube: Dual Protection and the Doctrine of Election

On 15th May, 2013 a three judge bench of the Delhi High Court delivered its decision on the Micolube case that was reserved to it by a single Judge Bench of the Delhi High Court in 2011. The plaintiffs in the case were registered owners of  designs who claimed that the defendants were infringing on their registered designs,  and sought the remedies of suing for infringement, even when the defendant is a registrant as well as that of passing off against the …

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SpicyIP Tidbit: IPXI releases latest edition of its Rulebook.

The IPXI (Intellectual Property Exchange International) is the world’s first financial exchange for licensing and trading intellectual property rights. My previous post on this can be found here.  The IPXI, last week, released the Rulebook that is to govern its first offerings.  This Rulebook is the product of interactions among  the various members of the IPXI which includes many IP owners as well. This Rulebook, which includes the additions recommended by the IPXI Rules Committee,(which is composed of the representatives …

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Javed Akhtar nominated for CISAC Vice-Presidency

CISAC, the International Confederation of Societies of Authors and Composers is a non-governmental, non-profit organisation that works for increased recognition and protection of the rights of creators.  The Board of Directors of CISAC have unanimously recommended  French electronic music pioneer Jean-Michel Jarre and Indian scriptwriter, poet and lyricist Javed Akhtar as their candidates for the Presidency and Vice-Presidency of CISAC. These recommendations have been made by the Board of Directors to the General Assembly which is scheduled to meet in …

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SpicyIP Events: Registrations for Consilience 2013 are now open

We had reported about Consilience, a conference organized by the Law and Technology Committee of the National Law School of India University, Bangalore the previous month. The following information comes to us from the Law and Technology Committee of NLSIU. The Law and Technology Committee of NLSIU, which is a student committee actively engaged in promoting awareness in the field of Technology Law, is organizing a conference on ‘Data Protection and Cyber Security in India’ on 25th and 26th of …

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The Jaguar Trademark Conundrum

Recently, the IPAB issued an order in a trademark dispute in favour of England’s Jaguar Cars and against the Swiss company, Manufacture Des Montres Jaguar. This was an appeal by Jaguar Cars against the order of the Deputy Registrar of Trademarks, Kolkata, wherein he dismissed their opposition to Des Montres’ application for the registration of the trademark Jaguar for watches.  Jaguar Cars’ claimed that they owned the trademark Jaguar not only with respect to cars but also with respect to a …

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The Kit Kat Trademark Dispute

On 22 April, the IPAB ruled on a trademark dispute between Swiss multinational Societe des Produits Nestle S.A (hereafter Nestle) and Kolkata based Kit Kat Food Products over the use of the trademark ‘Kit Kat’.  Two applications for the registration of the Kit Kat  trademark  in India was made by Nestle in 1987. However, this was oppossed to by Kit Kat Food products. Consequently, the applications could not be registered. In 1991, Kit Kat Food products attempted to register the trademark …

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UK Supreme Court relieves internet users of the threat of copyright infringement Proceedings

Five days ago, the UK Supreme Court pronouced its ruling on Public Relations Consultants Association Limited v. The Newspaper Licensing Agency Limited, a case that dealt with whether copyright infringement proceedings could be brought against internet users for merely viewing copyrighted content. The five judge bench presided by Lord Neuberger and consisting of Lord Kerr, Lord Clarke, Lord Sumption and Lord Carnwath unanimously held that copyright infringement proceedings could not be brought against such internet users. The issue had been first …

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