Copyright

“Scam 1992” Dynamic Injunction Order: Another Drop in the Bucket of Broad Precedents?

/ By / Copyright

[This post is authored by SpicyIP intern Shikhar Chauhan. Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] On May 2, 2023, the Bombay HC passed a dynamic injunction order in Applause Entertainment Pvt. Ltd. v. Meta Platforms Inc. and others restraining the defendant from publishing clips of the web series “Scam 1992” on Instagram and other social media platforms. On a peripheral observation, the case may seem …

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SpicyIP Weekly Review (May 15- May 20)

/ By / Copyright, Others, Patent, Trademark

[This Weekly Review has been co-authored with Surmayi Khatana. Surmayi is a second year student pursuing LL.B from Government Law College, Mumbai. Her previous post can be accessed here.] Here are the quick summaries of the 4 posts, 8 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts? Please let us know so we can include them! Highlights of the Week DHC’s IPD Annual Report …

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SCOTUS Sundae: Large Scoops of Weekend IP Reading!

/ By / Copyright, Patent

This Sunday, I bring to you a few judgments from the Supreme Court of the United States (SCOTUS) which at first glance, may not have a direct relevance for the Indian IP landscape yet are quite significant developments that our readers are likely to be interested in. I’m yet to read these orders in depth myself and have added links to some commentaries for your weekend reading. Please feel free to comment with your own thoughts or links!  Happy reading! 

SpicyIP Weekly Review (May 8- May 13)

/ By / Copyright, Geographical Indication, Opportunities, Others, Patent, Trademark

[This Weekly Review has been co-authored with Shikhar Chauhan. Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 5 posts, 16 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts? Please let us know so we can include them! Highlights of the Week Announcing the …

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Announcing the SpicyIP Empirical Scholarship Database Series!

/ By / Copyright, Patent, Publication

Moving from Faith-based positions to Fact-based positions has been a topic that Prof Shamnad Basheer had long been propounding on this blog, with several prominent examples such as the petition to the Government to make Indian patent information available online more than 15 years ago, to displaying glaring gaps in Form 27 declarations, from the “Indian Bayh Dole” issues, to countering claims about textbook prices, and more. Indeed, this commitment to fostering accountability and transparency in the Indian IP eco-system …

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Agreement on Royalty Sharing Signed between ISRA and Music Labels!

/ By / Copyright

[This post has been authored by SpicyIP Intern Surmayi Khatana. Surmayi is a second year student pursuing LL.B from Government Law College, Mumbai.] On April 25, 2023, it was reported that the Indian Music Industry (IMI) and the Indian Singers Rights Association (ISRA)  have entered into an agreement whereby the member singers of the ISRA, have been promised royalties for their works. Apparently, negotiations for the agreement have been on for a while and the agreement was signed in October …

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SpicyIP Weekly Review (May 1 – May 6)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Srujan Sangai. Srujan is a Second Year student at the National Law School Of India University, Bengaluru and has a keen interest in IPR and Technology Law. His previous posts can be accessed here and here.] After a busy week at the blog, here are the quick summaries of the 9 posts, 11 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? …

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Music to Many Ears! Bombay High Court Passes a Landmark Order Recognizing the Right to Receive Royalties by Authors of Underlying Works

/ By / Copyright

[Long post ahead]  In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd and Indian Performing Rights Society Ltd. v. Music Broadcast Ltd. (pdf) and clarified that post the 2012 amendment, communication of a sound recording to the public …

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s] As previously discussed in Part I, Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity …

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s.] It is not uncommon for artists to reach new heights of appeal after their deaths. Hip-hop icon, Tupac Shakur, the second best-selling hip-hop artist in history, sold the bulk of his albums after his death. The estate of the celebrated late rapper Mac …

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