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.

Copyright

Short-sighted Doordarshan Drama


Recently, the Delhi High Court issued an interim injunction against Doordarshan in a copyright matter between acclaimed playwright, Dr. Sayeed Alam, well-known Indian actor, Mr. Thomas Alter and Doordarshan. Dr. Alam is the director and script writer for the play Maualana Azad, starring Mr. Alter,which is vastly critically acclaimed. In 2006, the Hindustan Times reported that “Dr. Sayeed Alam’s ‘Maulana Azad’, staged at Bharat Bhavan on Thursday…is a revelation of sorts in the way that it brings various untold points…


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Design

Crayon Wars!


Justice Patel has for long, been known for his delightful and insightful judgments. Earlier this month, he delivered another gem in a dispute surrounding crayons between Faber-Castell (hereinafter ‘FC’) and Cello. FC contended that Cello had infringed on its design and copyright and was attempting to pass off its crayons as FC’s. FC argued that its crayons were distinctive in 2 main ways, First, FC’s crayons have a novel and unique shape. This includes the triangular shape of the 24…


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Traditional Knowledge

Traditional Knowledge Protection: What is the way forward?


Recently, newspaper articles have been reporting that the Kerala State Government has started a vetting process for its proposed Draft Bill on Traditional Knowledge(TK). Although we do not have access to the Bill, according to secondary sources, the Bill proposes the constitution of people’s trusts for the protection of Traditional Knowledge at the Panchayat and District level. This is understood to be in line with the Biodiversity Committees and the accepted principles of Prior Informed Consent and Access and Benefit…


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Innovation

SpicyIP Tidbit: Open. Fast. Royalty-free. -The New Initiative!


Open. Fast. Royalty-Free– so reads the tagline of Alliance for Open Media, a new open-source initiative launched by seven technology companies (Amazon, Cisco, Google, Intel Corporation, Microsoft, Mozilla and Netflix) for developing next-generation media formats, codecs and technologies. As the Press Release notes: “The new Alliance is committing its collective technology and expertise to meet growing Internet demand for top-quality video, audio, imagery and streaming across devices of all kinds and for users worldwide. The Alliance’s initial focus is to…


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Trademark

Guest Post: A Brief Revenge


Today we have a guest post from Mr. Arun Mohan, our long-time friend and litigating lawyer at the Madras High Court. He writes on the recent order of the Delhi High Court restraining German automobiles maker Audi from using the ‘TT’ trademark in India. A Brief Revenge In law school, the most oft-quoted case in discussing a ‘well known’ mark was the Benz vs Hybo Hindustan case, which saw Mercedes injunct a underwear manufacturer from using a model striking a…


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Others

Call for Submissions: The National Law School of India Review


We are delighted to bring to your attention the Call for Submissions released by the National Law School of India Review, the flagship review of NLSIU, Bangalore. Please find the same below. Call for Submissions – National Law School of India Review, Vol. 28(1) The National Law School of India Review (NLSIR) is now accepting submissions for its upcoming issue- Volume 28(1).The most recent issue of the NLSIR, Vol. 27(1), will feature contributions byDr. Catherine Seville, Reader, Newnham College, University of Cambridge,…


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Copyright

A Copyright Settlement, Writers’ Victory!


Recently, the Supreme Court passed a landmark ruling in a copyright and breach of confidence case between scriptwriter Jyoti Kapoor and producer/ director Kunal Kohli. The Apex Court ruled in favour of Jyoti Kapoor stating that there were similarities between her script ‘R.S.V.P’  and  Kunal Kohli’s upcoming film ‘Phir Se’. The importance of this judgment stems from the fact that it boosts the confidence of many writers in our country, who are strapped for funds and wary of tackling large…


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Patent

Valganciclovir Patent Revoked!


In a matter that was remanded to the Controller of Patents by the IPAB, the patent granted to Valganciclovir was revoked by the Controller. (For a history of the developments on this matter, you can read our previous posts here) Valganciclovir is a anti-retroviral drug used for the treatment of active cytomegalovirus retinitis (CMV) infection. This infection if not treated, can cause blindness in persons living with HIV. It is also used for post operative treatment for persons who have…


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Copyright

Software Copyright and Commissioned works


In a recent case of Exegesis v Medimanage, the Bombay High Court considered the question of copyright over commissioned works in the context of software. The Plaintiff had developed a customised software for use in the insurance broking business of the Defendant, at the Defendant’s behest.  The Plaintiff claimed that it owns the copyright in this software as the author of the same. Moreover, the Plaintiff contended that the Defendant is only entitled to the software which was developed for it and…


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Publication

SpicyIP Tidbit: Job Posting: Yale Clinical Fellowship in Global Health Justice


We bring to our readers news about the Yale Clinical Fellowship in Global Health Justice. Please read below for details. The Yale Clinical Fellowship in Global Health Justice is a two-year position designed for graduates of law and public health schools as well as other health professionals with experience in domestic and/or international health policy and advocacy who are interested in preparing for a career in global health justice or interdisciplinary clinical teaching. The Fellow will supervise the experiential learning…


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