K’taka HC Refuses To Quash FIR Against Rahul Gandhi And Others

/ By / Copyright

People following Indian politics would know about the “Bharat Jodo Yatra” (Yatra). While the Yatra seems to have ended, its (presumingly) unforeseen aftermath still continues to haunt the Indian National Congress (INC). Readers would remember Nikhil’s informative post on the copyright infringement claims by MRT Music against INC for unauthorised use of KGF: Chapter 2 songs. Adding to the controversy, the High Court of Karnataka in Sri Jairam Ramesh vs State of Karnataka and Ors has now refused to quash […]

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Sifting Through the Pages: SpicyIP in the Junes

/ By / Others

SpicyIP, in its over 17 years of existence, has discussed a substantial part of Indian IP’s modern evolution. From Prof. Basheer’s first SpicyIP post in October 2005, ‘from the sprawling corn fields of Illinois, Champaign’, till now, July 2023, at 17 years and 8 months old, the blog is nearing the age of legal majority! Another interesting number – in approximately 6400 days of its existence, there have been about 6200 blog posts – averaging almost a blogpost a day

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Results for Patent and Trademark Agent Exams Are Out!!!

/ By / Patent, Trademark

The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice. Of these, 103 applicants have passed the exam.  With regard to the Patent Agent Exam, of 5695 candidates who appeared for the examination, 716 had earlier qualified for the viva voice. Of these, 529 applicants have cleared the exams.  While congratulations

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‘Where thou documents?’ asks BHC, denying interim injunction to Shemaroo

/ By / Copyright

In a copyright dispute involving two giants of the media industry, Shemaroo sued Super Cassettes (SCIPL), in Shemaroo Entertainment Ltd vs Super Cassettes Industries Pvt Ltd and Ors, for allegedly publishing audio-visuals of songs from 24 films (suit films) without seeking prior permission from it. However, a Single Judge Bench of the Bombay High Court refused to grant a temporary injunction to Shemaroo placing significant emphasis on the title of the assignment deed to ascertain the rights of the parties

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The Tussle with NCERT: A Copyright Angle

/ By / Copyright

[This guest post is authored by Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields.]  The National Council for Educational Research and Training (NCERT), an autonomous body set up by the Government to ‘assist and advise the Central and State on policies and programmes for qualitative improvement in school education’. And as many readers would know, it has recently

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‘Win-Win Situation’: Compulsory Licensing Royalties Decided by Madras High Court

/ By / Others

[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. Though she has represented the parties involved in this dispute in the past, the views expressed here are those of the author’s alone. She has previously written for SpicyIP here.] Pronouncing yet another judgement in the compulsory licensing litigation under Section 31(1)(b) of

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Re-Assignment of Copyright – Conflicting Claims on the Interpretation of Long-Form Agreements

/ By / Copyright

On June 5, 2023, the Bombay High Court, in a joint order passed in Super Cassettes v. RBEP and Hungama Digital Media v. RBEP  clarified that the termination of an agreement because of non-payment of dues would in itself not result in the copyright being re-assigned to the original assignor. The Court also emphasized the need for a written document, i.e., the re-assignment deed executed in writing, as a pre-requisite for re-assigning copyright. The dispute involved some of the big

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Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP?

/ By / Innovation, Patent

We are extremely pleased to bring to our readers a guest post by Prashant Reddy T. and Saranya Ravindran on the lack of transparency on public funded R&D in India. Prashant, one of our most prolific bloggers, is an advocate and an author. Saranya is a 3rd year student at Nalsar University of Law, Hyderabad. Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP? Prashant Reddy T. and

Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP? Read More »

DHC IPD Roster Revision: Benches of Justice Prathiba M. Singh and Justice C. Hari Shankar to Function as the DHC IPD 

/ By / Others

Delhi High Court’s Intellectual Property Division sees the return of Justice Prathiba M. Singh to the roster who will now take charge of the division, along with Justice C. Hari Shankar. In a notification dated June 26, 2023 (pdf), it is stated that the new roster will be operational from July 3, 2023, and the matters which will be heard by the IPD will be assigned by the Judge In-Charge (Original Side), Justice Yogesh Khanna.  The roster for the IPD

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Proving ‘Bonafide’ Marriages: Del HC’s ‘Sanskari’ Interpretation of Section 52(1)(za)

/ By / Copyright

[This guest post is authored by Anjali Baskar. Anjali is a fourth-year student pursuing B.B.A. LL.B. (Hons.) from School of Law, Christ University, Bengaluru. She is keenly interested in exploring various fields in law, especially IP, Media & Entertainment.] (Unsatisfactory) Track Record vis-à-vis Section 52(1)(za) Last time the court tried to interpret Section 52(1)(za) regarding playing of copyrighted sound recordings (back in October 2022), it resulted in an ‘amicable’ settlement between the parties, being PPL (Plaintiff) and an event management

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