Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

Copyright

Indian Singers Rights Association (ISRA) Gears Up for a Losing Battle against Saregama


Last year, we had written about two victories scored by the performer’s rights society – Indian Singer’s Rights Association (ISRA) before the Delhi High Court against a restaurant and lounge located in Delhi for alleged violation of its performers rights. Both judgments were delivered ex-parte i.e. the defendants never appeared before court. As Balu and I had earlier noted, the manner in which the Delhi High Court proceeded to hear the case ex-parte was not proper in law. In any…


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Others Patent Trademark

DIPP Needs to Prepare for the Flood of Recusal Petitions that will Follow Post the Appointment of Justice Manmohan Singh as Chairperson, IPAB


Going by the grapevine, it appears that Justice Manmohan Singh, who retired from the Delhi High Court last year, will soon be appointed as the Chairperson of the Intellectual Property Appellate Board (IPAB). While on the Delhi High Court, Justice Manmohan Singh was considered one of the “IP judges”, resulting in more IP cases being marked to him. It goes without saying that he’s delivered quite a few judgments on patents and trademarks. And as I’ve mentioned before there are…


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Privacy

The Supreme Court’s Privacy Judgment Elevates Personality Rights to the Constitutional Plane


In a landmark judgment delivered on August 24, 2017 a bench of 9 judges of the Supreme Court in the case of Justice K. S. Puttaswamy (Retd.) v. Union of India has clarified that all Indians have a fundamental right to privacy under Article 21 of the Constitution. I use the word ‘clarify’ because smaller benches of the Supreme Court have previously proceeded on the assumption that privacy has always been a fundamental right under the Indian Constitution. These judgments…


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Others

Is Justice Manmohan Singh’s Appointment as Chairperson to IPAB in Line with Law Laid Down in Shamnad Basheer v. Union of India?


As Pankhuri informed us yesterday, it is virtually certain that Justice Manmohan Singh who retired from the Delhi High Court, will be the next chairperson of the Intellectual Property Appellate Board (IPAB). His appointment has been made under the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 which derives its authority from the Finance Act, 2017. As reported earlier, the constitutionality of these rules and the relevant provisions of the Finance Act, 2017…


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Others

Delhi High Court Has Liberally Applied Time Incorporated to Award Punitive Damages Even After Justice Bhat Over-ruled It


Subsequent to one of my earlier posts on how the Delhi High Court had continued to apply the over-ruled judgment in Time Incorporated v. Lokesh Srivastava, I received a comment informing me that the Delhi bar was well aware of the judgment and that it was cited regularly at the Delhi High Court. So I did some research and published on Live-Law a list of 25 judgments where the Delhi High Court had continued to cite Time Incorporated v. Lokesh…


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Copyright Designs

Dysfunctional Judgments on Functionality and Design Law


A few months ago, when I wrote on a Delhi High Court judgment in the Carlsberg design infringement case, I received a few comments and emails protesting my claim that Indian design law does not penalize designs which also have a functional aspect. The issue of functionality has been a tricky issue in most jurisdictions because design law is supposed to protect only designs that appeal to the eye while functionality is to be protected under patent law. Life is…


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Competition Law Drug Regulation

The CCI’s Identity Crisis and Dealing with Misplaced Criticism


The Competition Commission of India (CCI) will complete 14 years of its existence this year, having been established in 2003 (although it became fully functional only much later). Like all teenagers, the people around it can’t seem to identify its exact role in the universe. In the case of the CCI, the question is whether the institution is a part of the executive or the judiciary. This issue was raised before the Supreme Court in the case of Brahm Dutt…


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Copyright Designs Overlaps in IP

The Delhi High Court Misses Another Opportunity to Rule on the New Section 52(1)(w) in Context of Engineering Drawings


In a recently delivered judgment, the Delhi High Court was once again faced with a plaintiff seeking an interim injunction restraining a defendant from manufacturing a product on the grounds that it was infringing the plaintiff’s copyright in its engineering drawings. The plaintiff Holland L.P. and its Indian partner, claimed to have invented “automatic twist locks” (ATL), to help secure containers on railcars. The system is used by the Indian Railways which put out a tender for procurement of the…


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Copyright Patent Trademark

Justice Bhat overruled Time Incorporated v. Lokesh Srivastava in 2014 (& we discovered it only in 2017)


At a conference held earlier this month in Bangalore (organised by Professors Yogesh Pai, Arul Scaria & T. Ramakrishna of NLU-D & NLSIU), I was surprised and delighted to learn that the infamous judgment in the case of Time Incorporated v. Lokesh Srivastava (2005) allowing for the grant of punitive damages in IP cases was overruled in 2014 by a Division Bench of the Delhi High Court led by Justice Ravindra Bhat. As judgments go, the Times Incorporated judgment was…


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Others Patent

Lessons from TRIPS as India negotiates the Regional Comprehensive Economic Partnership


Last week, 16 Asia-Pacific countries concluded yet another round of negotiations on the Regional Comprehensive Economic Partnership (RCEP). Billed as one of the biggest regional free trade agreements, RCEP is expected to bring together the ten countries that form ASEAN along with Australia, China, India, Japan, South Korea and New Zealand. These countries account for nearly 50% of the global population and 30% of global GDP. As expected, there were several protests in Hyderabad by NGOs and civil society although…


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