Category Archives: Privacy

Competition Law Copyright Privacy Trade Secret

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


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…


Read More »
Competition Law Copyright Data Exclusivity Privacy Trade Secret

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


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…


Read More »
Copyright Privacy

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


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…


Read More »
Copyright Privacy

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


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…


Read More »
Biological Diversity Copyright Design Others Patent Privacy Trademark

SpicyIP Weekly Review (November 30- December 6)


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…


Read More »
Copyright Overlaps in IP Privacy

Tattoos: The Tussle between Copyright and Publicity Rights


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…


Read More »
Others Privacy

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


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…


Read More »
Copyright Privacy

CJEU Endorses ‘Notice and Stay Down’ For Illegal Online Content


In a major ruling on October 3, 2019, the CJEU in Case C-18/18 – Eva Glawischnig-Piesczek v Facebook Ireland Limited, held that national courts may direct injunctions against online content-hosting intermediaries like Facebook, which require the intermediary to block the specific content globally, as well as blocking identical or equivalent content or information. This marks a crucial turn in online content regulation in the EU, as it explicitly endorses a ‘notice-and-stay down’ standard for content removal, and endorses upload filters…


Read More »
Overlaps in IP Privacy

Just (Let) Google (Do) It: Updates on the Right to Be Forgotten from the European Union


In two significant judgements made on September 24, 2019, the top court of the European Union, the CJEU, has deliberated upon the scope of the delisting and de-indexing requirements (otherwise known as the Right to Be Forgotten (‘RTBF’)) to be followed by search engine operators under the EU’s data protection laws, including the Data Protection Directive as well as the more recent General Data Protection Regulation. In Google v CNIL, the Court has held that EU law does not require…


Read More »
Privacy

Hello Identity, Are You There? It’s Me, the Right of Publicity!


When FaceApp took the Internet by storm, there was furor over its broadly worded privacy policy. FaceApp is not alone, as there is similar backlash against Facebook’s vaguely worded terms. For instance, take a look at this term in Facebook’s policy: “Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Facebook next to…


Read More »