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.

Event

9th Pan European Intellectual Property Summit, 2014 at Brussels on December 4th &5th


We are pleased to remind our readers about the 9th Pan European Intellectual Property Summit that is scheduled to be held at Brussels on December 4 and 5, 2014. Organised by the think tank, Premier Cercle, the Summit has 130+ speakers and 600+ delegates from 50+ countries. The participants come from a wide range of areas including corporate participants, representatives of Governments, institutions, NGOs, lawyers, academicians and other IP Service Providers. The Summit is dedicated to discussing the latest topics…


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Event

9th Pan European Intellectual Property Summit, 2014 at Brussels on December 4th &5th


We are pleased to bring to your attention the 9th Pan European Intellectual Property Summit that is scheduled to be held at Brussels on December 4 and 5, 2014. Organised by the think tank, Premier Cercle, the Summit has 130+ speakers and 600+ delegates from 50+ countries. The participants come from a wide range of areas including corporate participants, representatives of Governments, institutions, NGOs, lawyers, academicians and other IP Service Providers. The Summit is dedicated to discussing the latest topics…


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Others

SpicyIP Tidbit: Prolific Kannada writer Niranjana’s works released on Wikisource under a free license


Niranjana, the pseudonym of Kulkund Shivarao, is a prolific Kannada writer who has penned more than sixty books in the course of his career spanning nearly five decades.  In an initiative to promote the rich heritage of Kannada literature, the Kannada Wikimedia community in collaboration with the Centre for Internet and Society-Access to Knowledge programme (CIS-A2K) are re-licensing 55 of Niranjana’s works under a Creative Commons license. These works will be digitized and be made freely available on Kannada Wikisource, thereby…


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Copyright

LEGALITY OF DIGITAL COURSE PACKS: THE USA EXPERIENCE


(Warning: Long Post ahead!) In a development which has major implications to the DU Photocopy case, the US Eleventh Circuit Court has come out with a ruling on the legality of course packs.  The case was filed by three publishing houses, namely, Cambridge University Press, Oxford University Press and Sage Publications against Georgia State University. FACTS The facts of the GSU case and the DU case have striking similarities, in the form of the plaintiffs as well as the concept…


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Trademark

SpicyIP Tidbit: SC dismisses SLP in the trademark matter between Anchor Health and Proctor & Gamble


In early June, I had covered the Single Judge and Division Bench decision of the Delhi High Court in the trademark dispute between Anchor Health and Beauty Care Pvt Ltd and Procter and Gamble Manufacturing Co Ltd. (available here and here). The Division Bench ruled on two issues, first, whether the plaintiff’s mark ‘ALLROUND PROTECTION’ was descriptive and secondly, whether ‘ALLROUND PROTECTION’ was the primary trademark of the plaintiff.  On the first issue, the Division Bench ruled that ‘ALLROUND PROTECTION’ cannot be stated…


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Others

National Seminar on Law, Science & Technology


The Institute of Law, Nirma University are organising its 4th National Seminar on Law, Science & Technology: The Way Forward during 30-31 January, 2015 at Ahmedabad. With a vision to highlight the key issues involving law, science & technology, Institute of Law, Nirma University (ILNU) endeavours to invite students, research scholars, academicians, policy makers, practitioners, NGOs, regulatory bodies, government departments/organisations and various other stakeholders to initiate a dialogue on the theme ‘Law, Science and Technology: The Way Forward’ and to…


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Copyright

The interplay between S. 30 and S.33, Copyright Act


“This is the only manner in which both Section 33 and Section 30 [of the Copyright Act] can be harmonized. An absolute bar even on an agency, invoking Section 33, would undoubtedly run afoul of the plain language of Section 30 and render the words “or by his duly authorized agent” entirely otiose.”  Such goes the operative part of the Bombay High Court decision in  M/s Leopold Café Stores v Novex Communications Pvt Ltd which dealt with the issue of whether unregistered third parties can license music…


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Copyright Privacy

Superstar Rajinikanth moves Court over personality rights


In a highly interesting and novel development in the IP world, internationally acclaimed actor and cultural icon Rajinikanth has approached the Madras High Court to primarily stay the release and screening of the Hindi film ‘Main Hoon Rajinikanth’. This is among the few instances where a celebrity has invoked personality rights and its protection against infringement and the first in South India. (One other such instance was Titan Industries v. Ramkumar Jewellers, where the Delhi High Court recognized the personality…


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Trademark

Diageo v. Khoday- An alcoholic battle for injunctions


The Delhi High Court recently heard a trademark dispute between two alcohol companies, namely,  Diageo Brands B. V. and Khoday Breweries Ltd. Diageo Brands is well known across the world as the owner of global brands such as Johnnie Walker Black Label, Johnnie Walker Red Label, Johnnie Walker Green Label, Captain Morgan, VAT 69, Smirnoff, Guinnes and Baileys among others. Diageo contended that  Khoday had registered as well as applied for trademark registration for many marks which were confusingly and deceptively similar to…


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Others

Call for Papers: The Indian Journal of Law and Technology 2014-15.


The  readers may be interested in knowing that the Indian Journal of Law and Technology is inviting submissions for its eleventh volume. The details are provided below. The Indian Journal of Law and Technology is pleased to invite submissions for its 11th Volume due to be published in 2015  The Journal The Indian Journal of Law and Technology (IJLT) is a student-run open-access law journal published annually by the National Law School of India University, Bangalore, India (NLSIU). It is…


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