Vasundhara Majithia

Vasundhara Majithia is a fifth year student at National Law University, Jodhpur and a Senior Content Editor at the Journal of Intellectual Property Studies (JIPS). Intellectual property was introduced to her in her third year and she hasn’t quite gotten over it since. Her interests include an eclectic mix of Intellectual Property, Trade laws, Constitutional law, and commercial laws. When not frantically blogging, she can be found nose deep in fiction, researching serial killers, or cooking to escape hostel food.

Copyright

Extinguishing the Rights of Lyricists and Composers: IPRS v Aditya Pandey

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The rights of lyricists and composers with respect to sound recordings have been a contentious issue in copyright law in India for some time now. Under the scheme of the Copyright Act, there is a distinction between the rights in a sound recording and those in a musical work (that of composer) or literary work (that of lyricists). In 2012, the Division Bench of the Delhi High Court held that only the owners of the sound recording were to be…


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Others

SpicyIP Weekly Review (October 9-15)

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Our topical highlight for this week is Balu’s coverage on the UN High Level Panel’s report on Access to Medicines and Health Technologies. This report is notable for its bold stance on issues such as the need for delinking drug prices and R&D costs, and its criticism on the US stance on countries attempting to utilize TRIPs flexibilities. Balu further notes that this report has already generated opposition from the pharma industry and the US Department of State. Our thematic…


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Copyright

Breaking News: Setback with a Silver Lining- The Supreme Court in IPRS v Aditya Pandey & Ors.

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In 2012, the Division bench of the Delhi High Court, in the matter of IPRS v Aditya Pandey & Ors. dismissed IPRS’s appeal against the order of a Single Judge who had held that radio stations etc., who were broadcasting/communicating ‘sound recordings’ were required to pay royalty only to the owner of the sound recording and not to the owner of the lyrics or the musical works which had been incorporated into the sound recordings. We have previously covered this…


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Copyright Publication

Open Access IP Course Books

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Case books and textbooks are expensive and often even unaffordable for students. What is appalling is where the money from these exorbitant rates go – not towards the publishing costs or author’s royalties but to the publishers who act as middlemen in this process.  Several of these published books are case books or statute books, and merely compile what is already available in the public domain. In recent years, the open access movement has gained more momentum, enabled by the…


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Copyright Designs

Dart Industries Inc. & Ors. v Techno Plast & Ors: Resolving the Copyright-Design Conundrum

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The apparent conflict between the Copyright Act and Designs Act has led to much litigation in recent times which we have covered extensively on the blog here, here, here and here. This conflict arises due to the overlaps in both these IP regimes which provide for different terms of protection even though they protect substantially similar works. Very recently, this conundrum has been discussed by Balu here. In this post, we discuss the case of Dart Industries Inc. v Technoplast…


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Drug Regulation

Parliamentary Committee slams the Department of Pharmaceuticals over Drug Prices

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Amidst claims of the NDA Government to have brought more generic drugs under pricing control, the Parliamentary Committee on Government Assurances (PCGA) submitted its report on 11th August this year regarding the pending assurances to control the prices of patented drugs, and it turns out; the Ministry doesn’t believe in keeping its promises. The PCGA was instituted in 1953 and its primary function is to scrutinize the assurances, promises and undertakings given by Ministers on the floor of the House…


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Uncategorized

SpicyIP Weekly Review (August 21–August 27)

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As always, it’s been a busy week at Spicy IP, folks and it’s time again to reflect on the eventful week for the blog and the IP world. This week’s thematic highlight is Balaji Subramanian’s deep and insightful analysis on the recent Monsanto v Union of India judgement which tries to answer questions relating to taxability of IP licenses as goods or services. Apart from analyzing the judgement itself, he discusses composite contracts and TRUGs, with promises of another post…


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Copyright

Blast from the Past: Krishna Sobti v Amrita Pritam

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In this post, we revive an earlier series initiated by Devika titled “Blast from the Past”. Read here, here, here and here. No discussion of Indian literature is complete without the mention of Amrita Pritam and Krishna Sobti, two towering creative personalities. These women represent a new generation of women in literature, unafraid of speaking their mind, and unapologetic about portraying female sexuality. Both wrote of the horrors of partition, of politics and religion. Here, we take a trip down memory…


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Copyright

Udta Punjab: An IP Controversy [Part II]

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In Part I (read here), I explored the pre-release torrent leak of Udta Punjab and the orders passed by the Bombay High Court blocking these websites. In this very belated Part II, I shall discuss the ramifications of this torrent leak and the need to regulate TV channels via the Cable Networks Act. On 16th June, a Puducherry channel called Shakthi Cable TV telecasted the pirated version of the movie Udta Punjab. The full version of the movie was aired…


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SpicyIP Weekly Review: July 18th-24th

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We have two topical highlights for this week: the first by Prashant and the second by Prof. Basheer. In his post, Prashant reported the Bombay High court’s reaction to Microsoft’s plea for an Anton Piller order. Here, the court lambasted Microsoft for misleading the court and presenting grossly incorrect and exaggerated figures or alleged copyright violations in order to obtain these orders. As per Balu’s update on the matter, the parties have decided to enter into a mutually agreed settlement….


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