Category Archives: Copyright

Copyright

Is Sub-licensing Contemplated under the Indian Copyright Act?

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This post analyses whether the Indian Copyright Act, 1957 (“the Act”) permits sub-licensing by a licencee. The inspiration for this post is my frequent involvement with advice on the IP components in corporate deals, where there is a usual clause about the licencee’s ‘right to sub-license’ copyright granted to the licencee. It is not rare for the licencee to insist that the ‘right to sub-license’ exists under the Act and that it is a ‘matter of interpretation’ of the provisions…


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Copyright Trademark

Bombay HC Denies Interim Injunction to Zee Against ‘De Dhakka’ Film Sequel

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A Single Judge of the Bombay High Court recently passed an order in the case of Zee Entertainment Enterprises v. Ameya Vinod Khopkar & Ors. The case concerned an allegation of copyright infringement and passing off in respect of the film ‘De Dhakka’. The Plaintiff had sought a permanent as well as an ad-interim injunction restraining the Defendants from producing a sequel of the film under the title ‘De Dhakka 2’. The Court refused to grant an ad-interim injunction, holding…


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Copyright Data Exclusivity Innovation Others Patent

Corona and IP – Looking for the Right(s) Answers

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Corona covid 19

The Covid 19 pandemic has now changed the way most of us are going about our day to day lives. In India, we are now on day 2 of our 21 day nation wide lock-down. In the midst of all that is going on now, Intellectual Property enthusiasts with a keen eye, would have noticed several IP related issues that have been cropping up, even if relatively under-discussed. For this current post, I thought I would do a round-up of…


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Copyright Design Geographical Indication Others Patent Trademark

COVID-19: How Best Can the Indian IP Office Help its Stakeholders? [Updated]

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In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution. This is because, deadlines in IP prosecution are often hard deadlines, and if extendable, involve a fee – sometimes these require the filing of signed/ notarised/ stamped documents. This concern is equally and anxiously shared by IP lawyers who assist IP owners around…


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Copyright

Publication of Pleadings without Lawyers’ Consent : Copyright Infringement or Fair Use?

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Earlier this month, the Supreme Court held that legal pleadings/court records cannot be accessed through the Right to Information Act if the procedure for obtaining them is provided for under the procedural rules of the court (for a wonderful summary of the decision, see Prashant’s piece in The Hindu here). Pleadings are documents of various sorts submitted by parties to a case. In India, it is extremely difficult to access these documents. As detailed in this Vidhi report, one may…


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Copyright

SpicyIP Fellowship: Directors’ Plight without (Copy)Right – ‘Mr. India’ Trilogy Runs Into Trouble

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We’re pleased to bring to you a post by our Fellowship applicant, Lokesh Vyas, on the rights of film directors (or rather the absence of them) under Indian copyright law. Lokesh is a 4th year student at Institute of Law, Nirma University, Ahmedabad. This is his first submission for the Fellowship. Directors’ Plight without (Copy)Right: ‘Mr. India’ Trilogy Runs Into Trouble Lokesh Vyas The Copyright Act, 1957 recognizes three stakeholders in a movie namely; producers, authors of underlying works (such…


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Copyright Overlaps in IP

Piracy, Privacy and Procurement: What Internet and Software Associations Had to Say About India to the USTR

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Following up on Prashant’s detailed coverage of certain commercial associations making representations to the US Trade Representative on its Special 301 Report, I looked into the representations made by prominent software and internet industry associations. Below, I summarise the India-specific recommendations of the following bodies – the Business Software Alliance (BSA), Internet Association and the International Intellectual Property Association (IIPA). India Continues to be a ‘Piracy Priority’ for the Special 301 Lobbies The business associations had little love for India…


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Copyright Drug Regulation Patent

An Overview of the Lobbying against Indian IP Law before the USTR

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Every year, the United States Trade Representative (USTR) conducts hearings for its ‘Special 301’ report. The report which draws its name from Section 301 of the Trade Act, 1974 is meant to name and shame America’s trading partners based on their efforts to protect American intellectual property. This report then feeds into other reports by the USTR, such as the National Trade Estimate on Foreign Trade Barriers which forms the basis of the American President’s trade policy. In almost all…


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Copyright

Copyright of Music Composers, Lyricists and Performers: Another Missed Opportunity by Mad HC in the Illayaraja Cases – Part II

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In Part I of this two-part post, I had analysed the latest judgments of the Madras High Court in Ilaiyaraja (II) and Ilaiyaraja (I), in that order. I had concluded that the Madras High Court in Ilaiyaraja (II) got it right whereas it got it wrong in Ilaiyaraja (I) even though the conclusions are same in both the judgments. This is not a contradiction because the law applicable to the facts in both cases is totally different. In Ilaiyaraja (II),…


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Copyright

Copyright of Music Composers, Lyricists and Performers: Another Missed Opportunity by Mad HC in the Illayaraja Cases – Part I

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On February 13th, the Madras High Court passed a judgement in the case of M/s. Indian Record Manufacturing Company Limited v. AGI Music Sdn Bhd and Ors., wherein the music composer, Ilaiyaraja, was Defendant no. 2 (“Ilaiyaraja (II)”). The suit was decreed with costs and the defendants, including Ilaiyaraja, and agents etc. were permanently restrained from infringing the Plaintiff’s copyright over certain specifically identified musical works/sound recordings. This is the second judgment concerning Ilaiyaraja, the first being the judgment in…


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