Copyright Privacy Trademark

Vote for Enjoy Enjaami?: Elections, Parody Songs, and IP


It is a common practice for political parties to utilise songs, either original or non-original, as part of their election campaigns. Like most other things in life though, politicians have frequently thought themselves above the law when it comes to asking for permissions for using copyrighted songs! It has led to protests in countries such as the United States by artists against political usage of their music. A prominent controversy involving Rihanna’s objection to Donald Trump using her songs at…


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Copyright

Copyright Rules Amendment 2021: Appellate Board, Copyright Societies, and More


The Central Government recently notified the Copyright (Amendment) Rules, 2021 (the ‘amendments’) on March 30, amending the Copyright Rules, 2013. Notably, around 2 years back, on May 30, 2019, a draft of these amendments was released for public comments. The amendments build upon this draft and reflect some similar changes as the draft, but at the same time they differ from the draft in several substantive aspects. In this post, I shall highlight the key implications of the 2021 amendments…


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Copyright Design Patent Trade Secret Trademark

SpicyIP Weekly Review (March 22 – 28)


Topical Highlight Delhi HC Looks Into Access And Innovation Questions On Rare Diseases In this post, Swaraj analyses an order issued by Justice Prathiba M. Singh of the Delhi High Court with regards to patients suffering from ‘rare diseases’. The order sets out three major directives: a) requiring the government to finalize the long pending National Health Policy for Rare Diseases, b) setting up of a ‘National Consortium for Research and Development on therapeutics for Rare Diseases’, and c) setting…


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Copyright Trademark

Copyright and Trademark Offences – Bailable or Not?: Bombay HC Also Weighs In


Recently, the Bombay High Court was faced with a controversial question of law while hearing an anticipatory bail application. The bail application was filed in response to a criminal report registered, inter alia, under Section 63 of the Copyright Act and Section 103 of the Trade Marks Act. The primary issue addressed by the court was whether these offences are bailable in nature or non-bailable. The court ruled on the side of the latter, holding these offences to be non-bailable….


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Copyright Design Geographical Indication Patent Trademark

SpicyIP Weekly Review (March 15 – 21)


Topical Highlight Sherlyn Chopra Case- Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies In this post, non-consensual sharing of intimate images or videos from a copyright perspective, in light of the recent case filed against Sherlyn Chopra for sharing obscene content online. She first analyses copyrightability of obscene content. She notes decisions from Israel and England that have used grounds of immorality to deny copyright protection to works. She contrasts this with Indian copyright law where such grounds…


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Copyright Geographical Indication Innovation Others Patent Publication Trademark

SpicyIP Weekly Review (February 22 – 28)


Thematic Highlight A Draft “Open” IP Syllabus In this post, Swaraj shared the first draft version of an ‘Open’ IP Syllabus that he along with a small team of researchers has worked on in the last few months. The syllabus is aimed to contain materials that are legally and publicly available free of cost and outside of paywalls, touching upon diverse themes concerning intellectual property law. While the completion of the entire syllabus is expected to take some time, this…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (February 1-7)


Thematic Highlight An Alternative to Delhi HC’s Approach on Confidentiality Clubs in InterDigital-Xiaomi SEP Dispute In this guest post, Abhilasha analyses the recent Delhi High Court decision on confidentiality clubs in InterDigital v. Xiaomi. She first lays down the background in which confidentiality clubs have originated in the Indian IP litigation. She particularly emphasises on the balancing of interests carried out by Delhi High Court in the Vestergaard judgment while creating a confidentiality club. She then analyses the decision in…


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Biological Diversity Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (January 4 – 10)


Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various…


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Copyright

Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part III


This post is in continuation of my previous posts dealing with the background on the copyright infringement suit against Sci-Hub and Libgen (here) and the applicability of the fair dealing exception to the impugned use of copyrighted works (here). In this post, I discuss the exception in the Copyright Act for use of works for the purposes of education and the interim injunction plea sought by the plaintiffs. Education Exception Section 52(1)(i) of the Act allows for “the reproduction of…


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Copyright

Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part II


This post is in continuation to my previous post (here) discussing the copyright infringement suit filed by academic publishers against Sci-Hub and Libgen, particularly the dynamic injunction sought by the plaintiffs. Here, I discuss the applicability of the fair dealing exception to the use of copyrighted works on the defendant websites in the instant dispute. Fair Dealing Even if the court rules that the defendant websites were indulging in activities amounting to copyright infringement, it is necessary for the court…


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