Author name: Praharsh Gour

Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services

[This post is co-authored with Swaraj and SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Can Over-The-Top (OTT) Streaming platforms be afforded the same legal protections for broadcasting as conventional mediums? After being answered in the negative by a single judge bench of the Bombay High Court in 2019, this question was once again answered in the […]

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Deadline to File Comments/ Suggestions on IP Manuals Extended till November 15, 2023

A few days after the October 15th deadline to submit comments/ suggestions to the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines, the CGPDTM has extended the deadline by a month making November 15th as the new deadline to submit these comments. The relevant links to the present manuals and guidelines are given below:- For a quick background reading on some of the

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Chancery Pavilion v. Indian Performing Rights Society Ltd: Karnataka High Court’s Problematic Finding on Section 60 Suits

This post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Her previous posts can be accessed here. Readers would recall that in the past we have written about Government notifications stressing on the menace caused by the threats of legal proceedings (see here and here). Section 60 of the Copyright Act is

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Is There More Than Meets the Eye? Delhi High Court and the Recent Section 124 Dilemmas

[The post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Her previous posts can be accessed here.] Recent orders by the Delhi High Court in Nadeem Majid Oomberbhoy v. Gautam Tank and Anr. and Mr. Amrish Aggarwal Trading as M/s Mahalaxmi Product v. M/S Venus Home Appliances Pvt Ltd, delivered by Justice C. Hari Shankar, have spurred debate and discussion around the application and

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Only 6 More Days to File Comments/ Suggestions on IP Manuals and Guidelines!

A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier, CGPDTM has invited comments from the interested stakeholders by October 15, 2023. The relevant links to the present manuals and guidelines are given below:- As explained in the above post, these manuals and guidelines are paramount owing to their role in the implementation of the

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A Deeper Look into the Humans of Bombay and People of India Fiasco

[This post has been co-authored with Swaraj and Nivrati Gupta. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. Long post ahead.] The Delhi High Court recently in Humans of Bombay v People of India granted an interim relief to ‘Humans of Bombay’ (HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the

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Comments on the Draft Patent (Amendment) Rules, 2023

As highlighted earlier, yesterday was the last day to share comments/ recommendations with the Ministry of Commerce on the draft Patent (Amendment) Rules, 2023. While on the blog, we have had posts by Md. Sabeeh Ahmad titled “The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules” and by Swaraj and I titled “Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them

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SpicyIP Tidbit: CGPDTM Issues Public Notice Limiting the Access to Trademark Public Search and E-Registry Features

Trademark lawyers and researchers rely extensively on the Public Search and E-Register features of the Trademarks Registry’s website. But often it gets excruciatingly slow and painful to access the desired information owing to the massive bulk of traffic and other issues with the Trademark Registry’s servers in place. Acknowledging this issue, the office of Controller General of Patent Design and Trademark (CGPDTM) has issued a public notice announcing the unavailability of the Trademark Public Search feature and the E-register feature

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SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The Trademarks Agent Exam is “likely” to be held on January 06, 2024 and the Patent Agent Exam is “likely” to be held on January 7, 2024 in 14 locations- Ahmedabad, Bangalore, Chandigarh, Chennai, Cochin, Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Nagpur, Ranchi, and Vishakhapatnam. Both exams will be conducted in 2 sessions of 2 hours (objective type) and 3 hours (descriptive type) respectively. The eligibility of the candidates

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Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.” The reason for such a move is stated as “to ensure fairness, credibility, and transparency in the recruitment process.” But it is surprising to see that the public notice neither specifies what these irregularities and technical glitches were nor does

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