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

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


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


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


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


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)


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


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]


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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Uncategorized

SpicyIP Weekly Review: July 18th-24th


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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Patent

The Clash of the Titans: Bajaj v TVS once again!


The motorcycle mega houses, Bajaj and TVS are at loggerheads yet again. The two companies are currently fighting it out over patents as well as disparaging advertisements. This post shall explore the recent developments in this controversy. In 2007, TVS filed for a patent for its invention titled “Shock Absorber with helper spring” which Bajaj opposed. The Chennai Patent Office, in the pre-grant opposition found in favour of Bajaj and refused the patent filed by TVS. The orders of the…


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Copyright

The Miracle of Marrakesh finally to be realised!


In a momentous occasion for persons with print disabilities, June 30th 2016 saw Canada become the 20th country to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty). The significance of this 20th ratification, (almost exactly three years since the date of adoption) is due to Article 18 of the Treaty which provides that the Treaty shall come into force 3 months after the 20th country…


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