We’re pleased to inform you that The IP Press Law Review is inviting submissions for its inaugural issue. The deadline for submissions is September 19, 2021. For further details, please see the journal’s call for submissions below: Call for Submissions | The IP Press Law Review [Vol. I, Issue I] About The IP Press The IP Press is a team of IP-Holics, who started this blog to ensure access to the latest intellectual property (IP) issues for all the IP…

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 5, Issue 1 [Submit by September 19]

by SpicyIP July 16, 2021

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We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication in the Winter 2021 Issue (Volume V, Issue I) of the Journal. The last date for submissions is September 19, 2021. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. V, Issue I] The Board of Editors of the Journal of Intellectual Property Studies [JIPS], is pleased…

Overlaps in IP Trademark Traditional Knowledge

Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks

by SpicyIP July 15, 2021

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We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat. Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks Tahhira Somal Nestled in Halsted, Chicago is a Michelin star restaurant that…

Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians

by Namratha Murugeshan July 14, 2021

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A recent article by Paul Sullivan in the New York Times reported on an interesting change occurring in the music industry due to the pandemic. With live performances practically being shut down due to the pandemic, musicians across the world lost a significant portion of their income stream. While online streaming was expected to be a substitute, it turned out to be abysmally low [You can read about how much musicians make through streaming services here and here]. With this…

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

by SpicyIP July 13, 2021

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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…

Others Trademark

Serious Comparative Advertising: Broadening the Definition

by SpicyIP July 13, 2021

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We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition Sangita Sharma In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values are similar to that…

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary

by Adyasha Samal July 13, 2021

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Last month, the Ministry of Information and Broadcasting received severe criticism from the film industry, free speech advocates, and the public when it announced the Cinematograph (Amendment) Bill 2021 (‘Bill’). This new Bill, which seeks ‘to tackle the menace of film piracy’, is a revision of the Cinematograph (Amendment) Bill 2019 – an earlier version that suffered from several logical and policy issues of its own, as highlighted by Divij, here. While the most controversial provision in the new Bill…

SpicyIP Weekly Review (July 5-11)

by Adyasha Samal July 12, 2021

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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…

Patent Trade Secret

Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry

by SpicyIP July 9, 2021

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We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 4th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry Pragya Jain The coronavirus outbreak and subsequent shutdown wreaked havoc on all major sectors of the economy, yet it turned out to be a blessing in disguise for India’s pharmaceutical industry. Over the next five years, India’s medical spending is predicted to…

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

by Varsha Jhavar July 9, 2021

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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…

Aparajita { Rajkumar, here - https://spicyip.com/2022/05/the-supreme-courts-unsettling-attempt-at-settling-the-debate-on-section-63-of-the-copyright-act.html. }
{ Hi Madhukar - thanks for your comment. The argument of the Hindi version being different from the English version is very compelling. After your comment, i checked the... }
Akshat { Not at all. That is not my premise at all. Our whole “argument” is based on the fact that such an interpretation, as taken by the SC, has... }
Sunitha Reddy { Does that mean I can use the songs for my ytube channel without copyright? Please let me know sir/madam }
SALONY KUMARI { I want this course to build up some knowledge. }

De-Coding Indian Intellectual Property Law

Call for Submissions: The IP Press Law Review Vol. I, Issue I [Submit by September 20]

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 5, Issue 1 [Submit by September 19]

Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks

Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians

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

Serious Comparative Advertising: Broadening the Definition

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary

SpicyIP Weekly Review (July 5-11)

Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry

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