SpicyIP Weekly Review (June 1 – 7)

/ By / Copyright, Innovation, Others, Patent

[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Bombay High Court Finds Web Series ‘Singardaan’ Prima Facie Infringing: Does Copyright Law Protect Themes of Stories? Arun covered the decision of the Bombay HC in Shamoil Ahmad Khan v. Falguni Shah, wherein the Defendants were temporarily restrained from making further adaptations or using their web series. He notes that the Court applied a distinct ‘abstraction’ process to compare the Parties’ […]

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Bombay HC Denies Interim Injunction in ‘Betaal’ Web Series Copyright Infringement Case

/ By / Copyright

A single-judge Bombay High Court bench recently passed an order refusing an interim injunction to stall the release of the Netflix series ‘Betaal’. The Plaintiff, in this case, Sameer Wadekar, a writer, sought an ad-interim injunction against Netflix Entertainment Services to prevent them from airing their latest series ‘Betaal’. The Plaintiff claimed that the series infringed the copyright held by him in the literary work in ‘Vetaal’. The order denied an ad-interim injunction to the Plaintiff as he could not

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Masakali 2.0: Unconsented Song Remakes and Ownership of Copyright

/ By / Copyright

We’re pleased to bring to you a guest post by Akshat Agrawal, discussing the issues relating to first ownership of copyright in musical works in light of the recent Masakali 2.0 remake controversy. He offers a detailed analysis on whether producers, in absence of an assignment, have a right to remake or authorize a remake of songs without the consent of the composers. Akshat is a 5th year student at the Jindal Global Law School, Sonipat. He’s written a guest post

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Real-Time Piracy Concerns Emerge as Live Music Streaming Goes Mainstream in Wake of COVID-19

/ By / Copyright, COVID-19

We’re glad to bring to you a guest post by Simrat Kaur, discussing the piracy challenges that may emerge with live music streaming becoming a norm in the wake of the COVID-19 pandemic. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law

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SpicyIP Fellowship : The Frequently Overlooked Corollaries of Academic Patenting

/ By / Patent

We are pleased to bring you a guest post by our Fellowship applicant, Vedangini Bisht, discussing the various concerns to be kept in mind while framing a patent policy for academic institutions. Vedangini is a 3rd year law student at National Law University, Delhi. The Frequently Overlooked Corollaries of Academic Patenting Vedangini Bisht A recently published post on the blog looked at the Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions and brought up several concerns regarding

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Bombay High Court Finds Web Series ‘Singardaan’ Prima Facie Infringing: Does Copyright Law Protect Themes of Stories?

/ By / Copyright

The Bombay High Court has for the past few years emerged as the epicenter of decisions on copyright law relating to films and media. Notable amongst these is the judgment in the XYZ Films case, which has been covered in the past on the blog here. The judgment is a truly delightful read especially the travails of the Judge in viewing the impugned movie. The judgment eventually culminated in a denial of injunction despite multiple points of coincidences and conceptual

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SpicyIP Weekly Review (May 25 – 31)

/ By / Copyright, Innovation, Others, Patent, Trademark

[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Are Patent Pools an Effective Solution to COVID-19’s IP Barriers? Through an interesting post, Namratha wrote about the effectiveness of patent pools in evading IP barriers to fight COVID-19. She begins by elaborating upon the various initiatives undertaken by organizations to promote collaborative research. Giving an insight into the industry practice of creation of patent pools, she argues that patent pools

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Confidentiality Clubs: Why Parties’ Presence is Imperative in Indian SEP Case Proceedings?

/ By / Patent

We’re pleased to bring to you a guest post by Sripada Yashwant Prasad, discussing the consequences of the plausible exclusion of the parties from Confidentiality Clubs in SEP court proceedings and suggesting that their presence is warranted. Yashwant is currently a Masters candidate, pursuing IP and Competition Laws at the Munich Intellectual Property Law Center, Germany. He has previously worked at Saikrishna & Associates (‘S&A’), New Delhi and Legalexcel, Bengaluru. At S&A, Yashwant was part of a couple of SEP

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Are Patent Pools an Effective Solution to COVID-19’s IP Barriers?

/ By / COVID-19, Patent

The COVID-19 pandemic has in many ways shown the benefits of collaborative research. Data is being released freely almost every day on preprint servers, which is proving to be crucial for understanding the biology of the virus and in the search for possible drugs and vaccinations. Research and discovery of genome structures too, which has traditionally been limited to private institutions is now being publicly shared on platforms such as GISAID to help researchers and scientists work with open access

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SpicyIP Tidbit: Reverse Engineering of Aarogya Setu App Not Prohibited Anymore

/ By / Copyright, COVID-19

We’re delighted to bring to you a short guest post by our former blogger Aparajita Lath, updating us on the issue of prohibition on reverse engineering of the Govt’s COVID-19 tracking mobile app Aarogya Setu. She had recently questioned the legal enforceability of this prohibition in light of the fair use rights under the Copyright Act in a guest post here. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here. SpicyIP Tidbit:

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