Ab Ki Baar, They Released Sarkar!

The Bombay High Court has, of late, been dishing out cogent judgments in relation to copyright infringement in films. Read the Phillauri judgment here and the Sardar Gabbar Singh judgment here. In keeping with recent tradition, earlier this month the Bombay High Court in Narendra Hirawat vs. Alumbra Entertainment, or the ‘Sarkar 3’ case, sought to examine the difference between a ‘remake’ and a  ‘sequel’, based on the contractual terms agreed by the parties. Facts The parties before the Court…

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Lighting Up Injunction Jurisprudence: US v. India

 To say that the Indian jurisprudence around injunctions is a hotchpotch of ad-hoc legal dicta is an understatement. Thus far, we’re not clear on what precisely the standards for the granting an injunction are. The US courts on the other hand, have a bit more clarity on this. With the latest CAFC decision in Nichia, it is now clearer (post eBay) that patent injunctions cannot be had for the asking and are not to be granted as a matter of…

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