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SpicyIP Fortnightly Review (January 11-24)

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Topical Highlight Delhi HC Order Cripples Authors’ Royalty Rights in Underlying Works I critiqued the Delhi High Court’s order in IPRS v. ENIL, which held that underlying works incorporated in sound recordings are not utilized and do not incur royalty when the sound recording is used. I briefly review how the 2012 Amendment was brought in to recognise authors of underlying works’ inalienable right to royalty. In this order, the court has accepted the argument that it is the producer…


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Patent

Delhi High Court Interprets ‘Export’ as ‘Use’ in India; Grants Interim Injunction to Lundbeck

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The Delhi High Court passed an order last month in the matter of H Lundbeck A/S v. Hetro Drugs Ltd., whereby it ruled that “export of the products from India would amount to use of the product in India” under Section 107 of the Patents Act. While according this meaning to the term ‘export’, the court however, did not elucidate on the reasoning for its interpretation. The present post will discuss why the present ruling is inconsistent with the nature of…


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Patent Drafting Positions at Remfry & Sagar, Bengaluru & Gurgaon

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We are pleased to inform you that Remfry & Sagar, one of India’s leading IP law firms, is looking to recruit two candidates for patent drafting for its Bengaluru and Gurgaon offices. For further details, please read the job description below: Patent Drafting Positions at Remfry & Sagar, Bengaluru & Gurgaon Remfry & Sagar, India’s premier intellectual property law firm, with over 275 personnel, is expanding its operations and looking to recruit 2 candidates for patent drafting. Strong technical knowledge, with…


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Copyright

Delhi HC Order Cripples Authors’ Royalty Rights in Underlying Works

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A shocking order delivered by the Delhi HC on 4th January in IPRS v. ENIL and PPL v. CRI Events, only days after the landmark radio royalty statutory license order, has held that underlying works incorporated in sound recordings are not utilized and do not incur royalty when the sound recording is used! The order goes on to interpret the 2012 Amendment in a manner that almost completely extinguishes the rights of authors of underlying works. Underlying Works and Royalty…


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Copyright

IPAB’s First Statutory License Order Overhauls Radio Royalty System

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On 31st December 2020, an IPAB bench consisting of the Chairman Manmohan Singh J. and two technical members Surya Senthil and SP Chockalingam, delivered a grand statutory license order for radio broadcasts under Section 31D of the Copyright Act. We had previously blogged about the Public Notice issued by IPAB seeking suggestions from stakeholders for the fixation of these rates. The notice came in the wake of the expiry of the erstwhile Copyright Board’s compulsory license order (CB order) under Section…


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SpicyIP Weekly Review (January 4 – 10)

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Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various…


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Copyright

Take Two!: Screenwriters Rights Association of India Applies for Registration as Copyright Society… Again

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[This post has been co-authored with Varsha Jhavar.] Recently, the Screenwriters Rights Association of India (SRAI) filed a revised application before the Registrar of Copyrights to be recognised as a copyright society under Section 33 of the Copyright Act, 1957. SRAI aims to negotiate, collect and distribute royalties on behalf of screenwriters in works authored by them. It had previously applied for registration in 2017 as well, but the application disappeared for unknown reasons (see the discussion here). On 27 November…


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Copyright

The Inverse Ratio Rule: On Its Stairway to Heaven?

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We’re pleased to bring to you a guest post by Prerna Sengupta and Riddhi Bang, critiquing the inverse ratio rule of copyright infringement and its application by Indian courts, in light of the US Supreme Court’s ruling in the ‘Stairway to Heaven’ copyright dispute last year. Prerna and Riddhi are 2nd year students at the NALSAR University of Law, Hyderabad. Our previous posts relating to the ‘Stairway to Heaven’ case can be viewed here, here and here.     The…


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Copyright

Issues in Sci-Hub Case ‘A Matter of Public Importance’

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In a great start to the Sci-Hub litigation (Elsevier, Wiley, and ACS vs Sci-Hub, LibGen – for background context, see the bottom of this post), Justice Midha at the Delhi High Court repeatedly pointed out that the issues in this case involved ‘a matter of public importance’, while saying he would not want to pass any orders in the law suit without hearing the various parties that wanted to get their views heard in the case, for the interim application…


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Biological Diversity

National Biodiversity Authority Imposing Upfront Monetary Payment as Benefit Sharing for Research

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There has been a recent development in the context of the Biological Diversity Act, 2002 (‘BDA’), which I thought was interesting to share and discuss on the blog. Back in 2018, the Central Government issued the direction to the National Biodiversity Authority (‘NBA’) purportedly under Section 48 of the BDA. According to this office memorandum (followed by another) a kind of immunity deal was provided for persons who had committed any acts without the required approval from the authorities under…


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