CovEducation, Copyright and Fair Use in India

The coronavirus pandemic and the consequent lockdowns across the globe has completely turned our everyday lives upside down. Social distancing, work from home and online classes are the current norm. While we adjust to this new normal, issues surrounding the uncertainty of how copyright law applies to online education have cropped up. This post analyzes the position of Indian law on the copyright related questions that have arisen in other jurisdictions in the wake of online teaching and the scope […]

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The Case for Keeping the IPAB Open

I had read Prashant and Prannv’s post, and wanted to explain why scuttling the IPAB is not the fix for bureaucratic red-tapism, of which the IPAB has been a rather targeted victim. Needless to state there have been intermittent delays in appointing chairpersons and members to the IPAB. This was especially manifested in the appointment of the last two chairpersons. The cause of this delay cannot obviously be thrust on the Tribunal itself, which is subject to the vagaries of the

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Considering an Online Master’s? Explore UNH Franklin Pierce School of Law’s Intellectual Property Law Offerings

We’re pleased to inform you that the UNH Franklin Pierce School of Law is offering a range of graduate IP law programs online. The priority application deadline for these programs is July 1. For further details, please refer to the announcement below: Considering an Online Master’s? Explore UNH Franklin Pierce School of Law’s Intellectual Property Law Offerings The COVID-19 pandemic has impacted all our lives in unexpected ways. While the University of New Hampshire Franklin Pierce School of Law has

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The Case for Shutting Down the Intellectual Property Appellate Board (IPAB)

(This post has been co-authored with Prannv Dhawan, 3rd year B.A. LL.B. (Hons.) student at  NLSIU, Bangalore) This year marks the 17th year of existence of the Intellectual Property Appellate Board (IPAB) and in this post, we are going to lay down a case for shutting down the IPAB and transferring its powers and case-load back to High Courts. Originally setup under the Trade Marks Act, 1999 to hear appeals against the trade mark registry, as well as rectification petitions

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Trademarks for Digital Currencies

The difficulty in defining virtual/crypto-currencies and its accompanying challenges has been beautifully captured by the prolific raconteur Justice V. Ramasubramanian in a recent judgment examining the validity of the RBI’s position in respect of virtual currencies, as: “Any attempt to define what a virtual currency is, it appears, should follow the Vedic analysis of negation namely “neti, neti”. Avadhuta Gita of Dattatreya says, “by such sentences as ‘that thou are’, our own self or that which is untrue and composed

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Patent Statistics: A Clue towards the Underlying ‘Momentum’ and ‘Acceleration’

Many may have followed the press release by the WIPO earlier this month declaring that in 2019 China had surpassed the United States to become the largest filer of international patent applications for the first time. That is, number of the PCT applications originating from China is the largest in the world as on 2019. PCT applications originating from China were 58,990, which represents a 11% growth from the previous year and almost 2400% increase from 2005. The number of

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SpicyIP Weekly Review (April 6 -12)

(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Our Fellowship applicant, Anupriya discussed the copyright-related issues thrown up in light of the recent ‘Genda Phool’ row. She begins by stating that an absolute right to claim authorship exists under the Indian copyright law, and Badshah’s rendition of the song ‘Boroloker Biti Lo’ would be an infringement of Ratan Kahar’s exclusive rights over it. By way of policy implications, she

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A Response To the IMI’s Claims about ShareChat and Intermediary Safe Harbour Law in India

ShareChat, an Indian local language social media service, is once again in the middle of a copyright storm. Readers may remember ShareChat’s tussle with TikTok from last year, regarding its status as an intermediary and protections against copyright infringement claims. This time, it’s ShareChat facing the proverbial music, with T-Series and a related entity Lahiri Recording taking civil and criminal action against ShareChat for allegedly violating their copyright through its services. The dispute has once again revealed the copyright fault

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Copyright in Unpublished Works: What Constitutes Publication?

We’re pleased to bring to you a riveting guest post by Dr. Sunanda Bharti, exploring issues related to copyright in unpublished works in India. Among others, she looks into the question as to when is a work considered published or what constitutes publication of a work. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here, here and here. Copyright in Unpublished Works: What

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Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. 11 [Deadline Extended to June 15]

We’re happy to inform you that NALSAR Hyderabad’s Indian Journal of Indian Intellectual Property Law (IJIPL) is inviting papers for publication in Volume 11 of the journal. The deadline for submission is May 31, 2020 [Edit: The deadline has been extended to June 15, 2020].  For further details, please see the announcement below: Call for Papers: Indian Journal of Intellectual Property Law (Vol. 11)  We are pleased to announce that the Indian Journal of Intellectual Property Law (IJIPL)  is now

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