Author name: Spadika Jayaraj

Spadika is a student of the National Law School of India University, Bangalore. Apart from Intellectual Property Law, she is also interested in Law and Technology issues.

SpicyIP Weekly Review (24th-31st August, 2014)

/ By / Others

The SpicyIP Story of the Week is Swaraj’s post titled Stalling Scientific Progress with Chilly Copyright Censure which discusses the disturbing incident of Diego Gomez, a Columbian student who is facing criminal charges for making available in public an academic paper that helps conservationists in their field of study. Last week, we had written about Thomson Reuters’ puzzling copyright policy that purports to allow your content (that you created), become an unrelated party’s property unless you sent them an email […]

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Domain Name News: Indian Government Launches ‘Desi’ Domain Names; Reliance Withdraws Bid for ‘.indians’

/ By / Others

A 2014 study found that India has one of the lowest levels of Internet penetration in the Asia Pacific region, at just 17.4%. Apart from poor internet infrastructure, one of the factors contributing to this is the lack of efforts made in adapting the Internet to the vast non-English speaking population of India. The Internet Corporation for Assigned Names and Numbers (ICANN) had recognized the need to make the internet accessible in more languages and had made Internationalised Domain Names

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SpicyIP Weekly Review (10th-17th August, 2014)

/ By / Others

The SpicyIP Story of the Week is a guest post by Nehaa Chaudhari on the  Karnataka Goondas Act which seeks to bring within its ambit ‘digital offenders’ and ‘audio or video pirates’. She points out several problems with this development, such as the introduction of Preventive Detention, impact on freedom of speech, and the broad scope of the offences mentioned in the Act. The week began with Rajiv’s post on a lawsuit filed by Vringo against ZTE, Indiamart and Indiamesh

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Delhi High Court’s John Doe Order in Favour of Star News: Need for a Third-Umpire Review of ISP Liability?

/ By / Copyright

The Delhi High Court, on 28th July 2014, passed an Ex Parte Ad Interim Order in favour of Star India Ltd wherein over a hundred websites were not only ordered to refrain from broadcasting the India-England 2014 Test Series, but the Department of Telecommunications was ordered to direct ISPs to block the websites altogether [Find the order here]. In this post I look at the law surrounding the liability of ISPs to block copyright infringing content. Star India made news

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Restricting Substantial Alterations to Trademark Applications at Pre-Registration Stage is Valid- CGPDTM

/ By / Trademark

On 8th June 2012, the Trademarks Registry had issued certain Office orders pertaining to Pre-Registration Amendment of Trademark Application. The said order read, “No request for amendment shall be allowed which seeks substantial alteration in the registration of trademark”. This Order was challenged by the Intellectual Property Attorneys Association (IPAA). On 24th July this year, the Controller General of Patents, Designs and Trademarks (CGPDT) dismissed the application on the grounds that prior to the order, the option of amending the

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SpicyIP Weekly Review (20th-27th July, 2014)

/ By / Others

The SpicyIP Story of the Week is Thomas’ post on the defamation notice sent by Anil Ambani against Advocate Prashant Bhushan’s junior. The lawyer had written a blog post that carried a complaint filed by Bhushan alleging that Ambani was carrying out money laundering activities. As the notice also addressed Google and asked them to take the content down, Thomas discussed the IT (Intermediary Guidelines) Rules, 2011 that mandate Google to do so (to avoid intermediary liability) and the free

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SpicyIP Tidbit: 50th ICANN Meeting- Discussions on gTLDs and Net Governance, But No Conclusions

/ By / Others

The 50th ICANN Meeting was held from 22nd-26th June, 2014.  The website of DiPLO Foundation has carried an informative piece outlining what happened at this High Level Government Meeting. The following is a quick summary: One of the most controversial aspects of ICANN is that it functions under the United States Department of Commerce. The legitimacy of US Government controlling a global resource such as the internet has consistently been questioned. At the meeting, representatives of China and the EU

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SpicyIP Tidbit: India’s DBT and DST Call for Comments on Draft Open Access Policy with Respect to Public Funded Research

/ By / Innovation

India’s Departments of Biotechnology (DBT) and Science and Technology (DST) have come out with a draft policy for ensuring that the output of public funded research is published in a freely accessible platform. The Draft Policy states, “since all funds disbursed by DBT/DST are public funds, it is important that the information and knowledge generated through the use of these funds are made publicly available as soon as possible.” The policy envisages that grantees publish their work in an open access journal, and

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SpicyIP Weekly Review (30th June- 6th July)

/ By / Others

The SpicyIP story of the week is Thomas reporting that India has ratified the Marrakesh Treaty for the Visually Impaired. The treaty aims to increase the access that differently abled people have to copyright protected material. The week began with Aparajita’s announcement that Mr. Ravindra Chingale, a PhD research scholar at NLU-Delhi is carrying out research on Impact of Patent Law on Software in India. You can help him out with his research by filling in questionnaires. We then had

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Cable, Copyright and the Consumer: The Cases of Aereo and Jadoo TV

/ By / Copyright

Recently, the US Supreme Court held that Aereo Inc’s innovative business model of airing cable signals through tiny personal antennae to individual subscribers over the internet violated the copyright of broadcasters. We have previously carried a Guest Post by Mr. Manoj Menda summarising the decision, here.  Along the same lines, in Hyderabad, the police busted what the media has called a “satellite TV piracy racket” operating under the name Jadoo TV. In this post I look at the Aereo decision and its

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