Privacy

Taking Publicity and Privacy to the Grave: Delhi High Court on Descendability of Publicity Rights

/ By / Copyright, Privacy

[This guest post is authored by Devangini Rai. Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is an IP lawyer based out of New Delhi. The views expressed here are those of the author’s alone. She has previously written for SpicyIP here and here.] The Delhi High Court in a judgement delivered by HMJ C. Hari Shankar affirmed the legal position on descendability of publicity rights as …

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

/ By / 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

/ By / 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)

/ By / 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)

/ By / 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)

/ By / 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)

/ By / 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?

/ By / 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)

/ By / 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

/ By / Copyright, Privacy

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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