Author name: Prarthana Patnaik

Divij broke the news about a recent order delivered by the Bombay HC in the Tips Industries v. Wynk Music matter, wherein the Court decided upon the applicability of the statutory licensing scheme under Section 31D of the Copyright Act to online streaming services. The Court, in its order, held that internet broadcasting is not covered under Section 31D. In his post, Divij also delves into the question of whether there is a need to introduce internet streaming services into Indian copyright law. I …

SpicyIp Weekly Review (May 6-12) Read More »

Thematic Highlight In her second application for the SpicyIP Fellowship 2019-20, Arushi wrote a post on Article 13 (now Article 17, in the final text) of the EU Directive. In her post, she focusses on the economic rationale of copyright law i.e., the trade-off between the cost of creation and the incentive to create. She concludes that Article 13 fails to balance this trade-off due to overuse of automation and the threats it poses to the participatory culture of the internet. …

SpicyIP Weekly Review (April 22-28) Read More »

Thematic Highlight  I had written a two-part post on the Notice on Plant Breeders’ Rights. In the first post, I examined the history of seed price control orders in India and the main highlights of the Notice and the controversial relation between the Patents Act and the Plant Varieties  Act in relation to Monsanto’s dispute with Indian seed companies. In my post, I conclude that both the legislations co-exist harmoniously. In the follow-up post, I examine the the clash between the Central …

SpicyIP Weekly Review (1-7 April) Read More »