Category Archives: Privacy

We’re pleased to bring to you a post by our Fellowship applicant Nishtha Gupta, analysing the Delhi High Court’s recent decision refusing to stay the release film ‘Nyay: The Justice’ which is allegedly based on the life of late Bollywood actor Sushant Singh Rajput. Nishtha is a 4th year B.A. LL.B. student at the NALSAR University of Law, Hyderabad. No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just? Nishtha Gupta When the right to publicity was first…

SpicyIP Weekly Review (July 5-11)

by Adyasha Samal July 12, 2021

Leave a Comment

Topical Highlight IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations…

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights

by Varsha Jhavar July 9, 2021

4 Comments

Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. (CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram. Being his sole legal heir, the copyright in these works is held by Sweety Priyanka Vempati Ravi Shankar. (hereinafter Priyanka) She had notified Facebook…

SpicyIP Weekly Review (June 28 – July 4)

by Anupriya Dhonchak July 5, 2021

Leave a Comment

Topical Highlight Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes In this guest post, Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He examines the Court decision and notes that the plaintiff relied upon…

SpicyIP Weekly Review (May 10 – 16)

by Anupriya Dhonchak May 17, 2021

Leave a Comment

Topical Highlight Earning Royalties off Covaxin While Demanding IP Waiver at the WTO: Saviour on the Streets, Hypocrite in the Sheets In this post, I focus on the differential pricing of vaccines for Central and State Governments. I analyse the affidavit filed by the Central Government in the case titled, ‘In Re: Distribution of Essential Supplies and Services During Pandemic’. I highlight that currently, Serum Institute of India and Bharat Biotech are selling doses of Covishield and Covaxin to private…

Privacy

Walking the Tightrope of the Right to be Forgotten: Analysing the Delhi HC’s Recent Order

by SpicyIP May 15, 2021

1 Comment

We’re pleased to bring to you a guest post by Sriya Sridhar, analysing an interim order recently issued by the Delhi High Court discussing the right to be forgotten and directing Google to remove a judgement on the petitioner’s acquittal from their search results and Indian Kanoon to block the judgment from being accessed by search engines. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Walking the Tightrope…

SpicyIP Weekly Review (April 19 – 25)

by Anupriya Dhonchak April 26, 2021

Leave a Comment

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…

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

by Nikhil Purohit April 9, 2021

1 Comment

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…

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

by Anupriya Dhonchak March 20, 2021

1 Comment

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…

Competition Law Copyright Privacy Trade Secret

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

by Anupriya Dhonchak February 9, 2021

2 Comments

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…

{ The ad is back, I don't know since when. Just said today. It clearly states that Domex is better than Harpic }
Sathyapaul { The quality of examination reports and decisions issued by Indian Patent Office is worst in the whole world. For National Phase applications, the reports will have nothing significantly... }
Rakshita Singh { This is brilliant, sir 💯 }
Padmanabha Vyasamoorthy { There was a news item saying Madurai Malli, with GI Tag, is being exported to the USA and Dubhai. I did not know the GI certification was obtained... }
{ Did Judge Prabha Sridevan suggested to close IPAB without having another solution in hand? Doing something suddenly without giving notice is typical Indian way of doing things. For... }