Copyright Innovation

Breaking: Bombay High Court Rules against Statutory Licensing for Online Streaming Services


A recent judgement of the Bombay High Court may have finally put to rest the convoluted saga of the applicability of the statutory licensing scheme under the Copyright Act to online streaming services. In a blow to online music services in India (looking at you, Spotify), in Tips Industries v Wynk Music, Mr. Justice Kathawalla has comprehensively rejected the claim that online streaming services are eligible for being granted statutory licenses for broadcasting under Section 31D of the Copyright Act….


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Others

SpicyIP Weekly Review (April 29-May 5)


Topical Highlight Prarthana wrote a post on the imposition of a staggering Rs. 5 crore in costs in Nippon Steel & Sumitomo Metal Corporation v Kishor D Jain. The case concerned the sale of low-quality pipes to a customer intending to use the same in oil plants. This constituted trademark infringement because the pipes were improperly branded with Nippon Steel’s labels. Justice Kathawalla thought it necessary to impose such extraordinary damages because of the use of low-grade material in an…


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Events

SpicyIP Events: CUSAT’s Empirical Study Orientation Programme on Research Methods in IPRs [Kochi; June 29]


We’re pleased to announce that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is conducting an empirical study orientation programme on Research Methods in IPRs on June 29, 2019. The deadline for submission of application forms is May 25, 2019. For further details, please read the announcement below: Research Methods in Intellectual Property Rights: An Empirical Study Orientation Programme Intellectual Property Rights is one major field of interest for the international community, and the relevance of empirical…


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Trademark

Bombay HC Imposes A Whopping Amount Of Rs. 5 Cr Costs For Trademark Infringement


On April 15, 2019, the Bombay HC imposed costs of Rs. 5 crores in its order in Nippon Steel & Sumitomo Metal Corporation vs. Kishor D Jain & Anr. Nippon Steel, represented by Remfry and Sagar, filed a suit when they received a complaint made to them by Yanbu Steel Company, a trading company based in Saudi Arabia, about the quality of some Carbon Seamless Pipes which were to be used in oil plants. The company informed Nippon Steel that…


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Events

SpicyIP Events: International Conference on Intellectual Property and Development [Geneva; May 20]


We’re pleased to announce that the World Intellectual Property Organisation (WIPO) is organizing the International Conference on Intellectual Property and Development, entitled “How to Benefit from the IP System”, on May 20, 2019 in Geneva. For further details, please see the announcement below: International Conference on Intellectual Property and Development: How to Benefit from the IP System Join stakeholders from government, civil society, IGOs, NGOs, industry and other sectors to share insights in different domains of intellectual property (IP) and…


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Others

The Nature of Orders and Quorum Requirements at the IPAB (Part II)


In the previous part of this post, I had argued that there is no exception to the quorum requirements on the basis of the nature of the order. Therefore, even if the orders passed by the IPAB without quorum were administrative orders (which I argued were not), they would not be free from the quorum requirements. In this part of the post, I try to delve deeper into Section 84 of the Trade Marks Act and check whether the Chairman’s…


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Others

Delhi High Court Issues Notice to DIPP on Vacancies at IPAB


Recently, the Delhi High Court took cognizance of the inconvenience caused to litigators due to vacancies at the IPAB (covered on the blog earlier here and here) and issued a notice to the Department of Industrial Policy and Promotion (DIPP) demanding a status report on the appointment of Technical Members to the IPAB. The status report submitted to DIPP revealed that advertisements to fill the posts of Technical Members for the Copyright and Trademarks side (2 members each) and Patents…


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Others

Texas A&M University Offers Scholarships to Indian Students for its LL.M. and M.Jur. Programs


We’re pleased to inform you that the Texas A&M University is offering scholarships (covering 50% of the tuition fees) for prospective students from India for its IP Law as well as General LL.M. and M. Jur. programs this year. For further details, please read the announcement below: Texas A&M University Launches in India in a Big way for its LL.M. and M.Jur. Programs with Offers of Scholarships to Indian Students The Texas A&M University launches into India in a big…


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Others

SpicyIP Weekly Review (April 22-28)


Thematic Highlight In her second application for the SpicyIP Fellowship 2019-20, Arushi wrote a post on Article 13 (now Article 17, in the final text) of the EU Directive. In her post, she focusses on the economic rationale of copyright law i.e., the trade-off between the cost of creation and the incentive to create. She concludes that Article 13 fails to balance this trade-off due to overuse of automation and the threats it poses to the participatory culture of the internet….


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Innovation Others Patent

US Trade Representative Special 301 Report 2019: “Phir Ek Baar, Priority Watch List Ki Vaar”


aka the Priority Watch List Strikes Again. For the 27th year in a row, India has made it to the infamous Priority Watch List in the Special 301 Report – an annual classification exercise by the office of the US Trade Representative, meant to put pressure on nations allegedly not complying with United States’ domestic standards for intellectual property protection. The list classifies certain countries as belonging to a ‘watch list’, or a ‘priority watch list’, and is meant to…


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