Category Archives: Privacy

Copyright Drug Regulation Innovation Patent Privacy Trademark

SpicyIP Weekly Review (April 19 – 25)

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Topical Highlight Compulsory License for Covid Drugs on the Table, Says Delhi High Court In this post, Swaraj discusses the recent Delhi High Court order in the case of Rakesh Malhotra v. Govt of National Capital Territory of India and Others, in light of the worsening pandemic situation in India. The Court hauled up the government on various issues regarding the response to the pandemic so far, concerning oxygen use, ramping up of testing facilities, shortage of drugs and black…


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Copyright Privacy Trademark

Vote for Enjoy Enjaami?: Elections, Parody Songs, and IP

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It is a common practice for political parties to utilise songs, either original or non-original, as part of their election campaigns. Like most other things in life though, politicians have frequently thought themselves above the law when it comes to asking for permissions for using copyrighted songs! It has led to protests in countries such as the United States by artists against political usage of their music. A prominent controversy involving Rihanna’s objection to Donald Trump using her songs at…


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Copyright Privacy

Sherlyn Chopra Case: Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies

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Factual Background The Bombay High Court recently granted interim anticipatory bail to actor and content creator Sherlyn Chopra, who was charged by the Mumbai Police’s cyber cell for uploading pornographic and obscene videos online. The Court directed the actor to cooperate with the investigation, report at the police station daily from March 15-17, and directed the police to report to it on the next date of hearing, which is March 23. In this post, I use this case to comment…


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Competition Law Copyright Privacy Trade Secret

Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part II

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In Part I of this post, I highlighted the possible copyright and trade secret protection over the data mandated to be shared under the Revised Non-Personal Data (NPD) Governance Framework (the Report/Revised Report), and how the Report either overlooks or misunderstands these possible IP protections. In this part, I discuss the shortcomings in the Revised Report’s justifications for overriding IP protection and other rights over NPD. I also briefly explore alternatives to the Report’s heavy-handed regulatory architecture by turning to…


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Competition Law Copyright Data Exclusivity Privacy Trade Secret

Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part I

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The Committee of Experts on Non-Personal Data (NPD) Governance Framework headed by Kris Gopalakrishnan, constituted by the Ministry of Electronics and Information Technology had released its first Report in July, 2020. I had written about the Report for SpicyIP here. In December last year, a revised Report (“the Report/Revised Report” hereinafter) was released by the Committee with the goal of unlocking economic benefit from non-personal data, creating a data sharing framework, establishing community-based rights over NPD and addressing potential harms to privacy…


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Copyright Privacy

Can Celebrities be Sued for Posting Paparazzi Photographs of Themselves on Social Media?

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We’re pleased to bring to you a guest post by Manasa S. Venkatachalam, looking into the issues of copyright and right of publicity thrown by celebrities’ unauthorised use of paparazzi photographs of themselves on social media. Manasa is a 4th year student at Gujarat National Law University (GNLU), Gandhinagar. Can Celebrities be Sued for Posting Paparazzi Photographs of Themselves? Manasa S. Venkatachalam In the last couple of years, many celebrities have been sued or threatened to be sued for copyright…


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Copyright Privacy

‘Jhund’ Injunction Order: Copyright and Personality Rights in Real Life Stories

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We’re pleased to bring to you a guest post by Shivam Kaushik, analysing the Telangana High Court’s order granting an interim injunction restraining the release of the film ‘Jhund’ in October this year. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He’s previously also written guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions – A Critique‘, ‘Reengineering of the Requirement…


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Biological Diversity Copyright Design Others Patent Privacy Trademark

SpicyIP Weekly Review (November 30- December 6)

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Topical Highlight COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access In this post, Adyasha conducts a thorough analysis of the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals struck with higher-income countries and their implications on the Global South. She first notes the importance of public funding for the fruition of the three vaccines upon which patent protection is being claimed by their respective owners. She then…


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Copyright Overlaps in IP Privacy

Tattoos: The Tussle between Copyright and Publicity Rights

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The world’s attention was first drawn to the copyrightability of tattoos when Victor Whitmill, the artist behind Mike Tyson’s face tattoo, sued Warner Bros for an imitative tattoo worn by an actor in Hangover II. Since then, I find that there has been a raging discussion regarding tattoo artists’ copyright over their tattoos, including issues like fixation, ownership and fair use. This post does not focus on these questions of copyrightability. Instead, it develops upon an important point raised by…


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Others Privacy

Cross-Border Data Flows in WTO Law: Moving Towards an Open, Secure and Privacy-Compliant Data Governance Framework

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We have for our readers today an invited guest post from Neha Mishra, currently a post-doctoral fellow at the Centre for International Law, National University of Singapore. Neha earned her BA.LLB degree from NLS Bangalore several years ago (where we were classmates) after which she practised law briefly in London and India. She then went on to collect degrees in law and public policy from the London School of Economics, National University of Singapore and finally a PhD from Melbourne…


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