Category Archives: Copyright

Copyright Innovation Plant Variety Protection

The Sustainable Seed Innovations Project: Prong 1-Revival of Traditional Ecological Knowledge Based Farming Systems (Part II)

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Prong 1- Revival of Traditional Ecological Knowledge Based Farming Systems: Traditional Knowledge through the Lens of Modern Scientific Research (Part II)  Julia Köningera*, Jasper Matthiessenb*, Mrinalini Kochupillaic, Prabhakar Raod# Traditional Knowledge Meets Modern Science After decades of focusing on chemical intensive, uniform/standardized farming, the modern understanding of efficient and sustainable farming is presently shifting away from artificial fertilizer and pesticide driven monoculture towards more traditional methods and practices of cultivation. Commonly known among these, are practices of mulching, low tillage,…


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Copyright Others Patent Plant Variety Protection Trademark

Curiouser and Curiouser: The Delhi High Court Whitewashes an Infirm IPAB and Rules that a Plant Variety is a Patent..and Perhaps Even a Trademark!

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We bring you a guest post from the prolific Prashant Reddy, who has had to take a break away from regular blogging at SpicyIP since he now heads the judicial reforms team at Vidhi. Fortunately, we managed to persuade him to pen a guest post on this rather curious decision, where a judge of the Delhi High Court has effectively ruled that an “expert” IP tribunal that lacks the alleged “expertise” can still decide IP disputes. In his inimitable style,…


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Copyright

Why the Ilayaraja Judgment Is a Boon for Producers

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We are pleased to bring to you a guest post by Arun Mohan on the recent Madras High Court judgment in the Ilayaraja copyright dispute. Arun is a graduate of the London School of Economics and has experience in working on intellectual property and commercial matters, in India and internationally. He has worked on various prominent IP disputes including appearing for Rajinikanth in the recent landmark decision on celebrity rights, in the TVS v. Bajaj patent dispute and against Google in the…


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Copyright

Delhi High Court Rules that Moral Rights Offer No Remedy for Destruction of a Work

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Does an architect, as the creator and legal ‘author’ of a building having artistic significance, have the right to object to the modification or destruction of their work by the owner of the building? A recent judgement of the Delhi High Court answers this firmly in the negative. In Raj Rewal v Union of India and Ors., Mr. Justice Endlaw has comprehensively rejected the claim that an author’s moral rights over a building take precedence over the rights of the…


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Copyright Innovation

Breaking: Bombay High Court Rules against Statutory Licensing for Online Streaming Services

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A recent judgement of the Bombay High Court may have finally put to rest the convoluted saga of the applicability of the statutory licensing scheme under the Copyright Act to online streaming services. In a blow to online music services in India (looking at you, Spotify), in Tips Industries v Wynk Music, Mr. Justice Kathawalla has comprehensively rejected the claim that online streaming services are eligible for being granted statutory licenses for broadcasting under Section 31D of the Copyright Act….


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Copyright

SpicyIP Fellowship 2019-20: Article 13 (of the EU Directive) and The Economics of Copyright Enforcement in the Digital Age

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We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her second submission for the Fellowship. Article 13 (of the EU Directive) and The Economics of Copyright Enforcement in the Digital Age Arushi Gupta On 26th March 2019, the Parliament of the EU passed the amended EU Copyright Directive. In previous posts on SpicyIP, here and here, the developments…


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Copyright

Breaking: Delhi High Court Issues India’s First ‘Dynamic’ Website Blocking Injunction for Copyright Infringement

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Online piracy, that bugbear of copyright owners, has received significant attention from courts in India and abroad, which hope to craft an elegant solution to protect rightsholders interests in a digital economy, who face inherent limitations considering the manner in which data sharing and information flows over the internet work. The Delhi High Court through its judgement in UTV v 1337x.to, delivered on April 10, has made a significant contribution to this jurisprudence in India, particularly by crafting a new…


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Copyright

From Betamax to Youtube – How Copyright Laws Have Impacted Innovation

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The Sony Betamax case may be familiar to some readers of this blog. The US Supreme Court ruling first elaborated the concept of ‘substantial non-infringing use’ as applied to the sale of technologies which could enable piracy or copyright infringement. In many ways, this ruling and the rationale behind it have been applied to subsequent technologies and regulations around these technologies – from p2p filesharing, to, most recently, online content hosting platforms. The Betamax and its history should be carefully…


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Copyright

The Case for the Moral Rights of Javed Akhtar in the Song ‘Ishwar-Allah’

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Last week saw the release of the trailer of ‘PM Narendra Modi’, the much-awaited biopic of our current Prime Minister which is set to hit screens on April 12, 2019. While it has garnered differing reviews, it has resulted in yet another controversy associated with the film (the Election Commission of India is already looking into whether the release of the movie would violate the Model Code of Conduct for candidates, see here and here). This latest controversy involves the…


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Copyright

Breaking: EU Adopts New Copyright Directive on the Digital Single Market

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The European Parliament has voted in the EU Copyright Directive for the Digital Single Market, 348-274. The vote followed high drama and widespread public mobilisation against the proposal, specifically on its impact on the rules for online platforms and user-generated content on the internet. The text of the directive has seen many iterations, but most of the objections to the directive focus on its rules regarding the responsibilities of online platforms which host user generated content, as well as the…


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