Privacy – Spicyip

Book Release: ‘Archives, Ethics and the Law in India’ – A Guidebook for Archivists in India

February 1, 2023 / By Divij Joshi / Copyright, Privacy

I am happy to announce the launch of ‘Archives, Ethics and the Law in India’, an open-access publication published by the Archives at the National Centre for Biological Sciences in Bangalore. This publication is intended to be a guidebook for archivists, on the intersecting questions of ethics and law that they routinely face in the course of their practice. The guidebook is one of the outputs of a larger project at the Archives at NCBS, which examines the intersections of …

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PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes

August 16, 2021 / By SpicyIP / Privacy

We’re pleased to bring to you a guest post by Satchit Bhogle. Satchit is a Counsel at the Bombay High Court. He graduated from NUJS, Kolkata in 2016 and completed his LL.M. from Duke University in 2019. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes Satchit Bhogle Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out …

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SpicyIP Weekly Review (August 9 – 15)

August 15, 2021 / By Anupriya Dhonchak / Copyright, COVID-19, Drug Regulation, Patent, Privacy, Trademark

Topical Highlight Ensuring Access to TB drugs: Is Compulsory License the Way? In this post, Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. They discuss the facts and figures surrounding multidrug-resistant tuberculosis in India as well as …

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SpicyIP Weekly Review (August 2 – 8)

August 9, 2021 / By Adyasha Samal / Copyright, Opportunities, Others, Patent, Privacy

Madras HC on the Right to be Forgotten: A Welcome Development? In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted of allegations relating to offences under Section 417 (Cheating) and Section 376 (Rape) of the IPC. He claimed that he is entitled to redaction of his name from the judgment given that he …

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Madras HC on the Right to be Forgotten: A Welcome Development? (Part II)

August 3, 2021 / By SpicyIP / Privacy

We are pleased to bring you a two-part guest post by Sriya Sridhar, analysing the judgement passed by the Madras High Court today in a case where the petitioner seeks his name to be redacted from a judgment in a case where he was ultimately acquitted. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Part I of the post can be viewed here. Madras HC on the Right to …

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Madras HC on the Right to be Forgotten: A Welcome Development? (Part I)

August 3, 2021 / By SpicyIP / Privacy

We are pleased to bring you a two-part guest post by Sriya Sridhar, analysing the judgement passed by the Madras High Court today in a case where the petitioner seeks his name to be redacted from a judgment in a case where he was ultimately acquitted. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Madras HC on the Right to be Forgotten: A Welcome Development? (Part I) Sriya Sridhar …

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No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just?

July 13, 2021 / By SpicyIP / Copyright, 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 …

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SpicyIP Weekly Review (July 5-11)

July 12, 2021 / By Adyasha Samal / Copyright, Geographical Indication, Innovation, Opportunities, Patent, Privacy, Trade Secret, Trademark

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 …

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

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 …

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SpicyIP Weekly Review (June 28 – July 4)

July 5, 2021 / By Anupriya Dhonchak / Copyright, COVID-19, Drug Regulation, Overlaps in IP, Patent, Privacy, Trademark

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 …

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I on Confidentiality Clubs: Why Parties’ Presence is Imperative in Indian SEP Case Proceedings?
The arguments presented here are flawed as in-house experts are not bound as the same level of confidentiality as lawyers.…
G B Reddy on ChatGPT and the Underlying Copyright Malady
Very insightful and informative writeup.In the next one,you may focus on the jurisprudential aspects of legal personality of AI.
Ronojoy on Spill the Tee M: Discussing the Delhi High Court’s Order on Transborder Reputation in Toyota v TechSquare
Small correction to my previous question, I meant to say 'arbitrarily adopted' marks instead of coined.
Ronojoy on Spill the Tee M: Discussing the Delhi High Court’s Order on Transborder Reputation in Toyota v TechSquare
Would I be mistaken to assume that decisions such as these might encourage Indian businesses to adopt identical coined trade…
Neha Goyal on SpicyIP Tidbit: IPO Cannot Introduce New Objections During a Hearing, holds Delhi High Court
Hi! If there are new prior arts in Hearing Notice which were not there in FER. Also in FER, objections…