Copyright Others

Functionality in Copyright Law : CJEU Decision in Brompton Bicycles

In this post, I would like to discuss a recent judgment of the Court of Justice of the European Union (CJEU) in Brompton Bicycle (C-833/18). This judgment is relevant in the context of Section 52(1)(w) of the Copyright Act which provides as follows: “The following acts shall not constitute an infringement of copyright, namely:- (w) the making of a three-dimensional object from a two-dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely…

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Copyright Overlaps in IP Privacy

Tattoos: The Tussle between Copyright and Publicity Rights

The world’s attention was first drawn to the copyrightability of tattoos when Victor Whitmill, the artist behind Mike Tyson’s face tattoo, sued Warner Bros for an imitative tattoo worn by an actor in Hangover II. Since then, I find that there has been a raging discussion regarding tattoo artists’ copyright over their tattoos, including issues like fixation, ownership and fair use. This post does not focus on these questions of copyrightability. Instead, it develops upon an important point raised by…

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What Kind of Trademark is ‘Make in India’? A Brief Academic Inquiry

Make in India logo

We’re pleased to bring you a thought provoking post from Dr. Sunanda Bharti, on the ‘Make in India’ trademark. In this post, Sunanda examines the now famous ‘Make in India’ mark and raises the question of whether it actually acts more like a certification trademark. Sunanda is an Assistant Professor in Law at Delhi University and has written several guest posts for us, which can be viewed here. What Kind of Trademark is ‘Make in India’? A Brief Academic Inquiry…

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Copyright Others Patent Trademark

SpicyIP Weekly Review (July 20 – 26)

Topical Highlight Does JioMeet’s GUI Infringe Copyright in Zoom’s Software? Nikhil wrote about the controversy of JioMeet’s GUI infringing Zoom’s software. Addressing the controversy that ensued after JioMeet was released, the issue of non-literal copying of computer software is examined. Nikhil explores the primary considerations that courts would need to address on the issue and the possible outcomes. First, the copyrightability of Zoom’s GUI is analyzed under Section 2(o) and Section 2(ffc) of the Copyright Act. Then, the particular elements…

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COVID-19 Patent

Should India Invoke Section 157A of Patents Act in the Context of Covid-19?

Shirin Syed profile pic

 We’re pleased to bring to you a guest post by Shirin Syed, looking at the potential application of Article 73(b) of WTO TRIPS / Section 157A of the Indian Patents Act in the context of Covid-19. Shirin is an IP researcher and scholarship awardee from Texas A&M University, School of Law, USA for the fall of 2020. Should India Invoke Section 157A of Patents Act in the Context of Covid-19? Shirin Syed In response to the COVID-19 pandemic as a…

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The Fortunes of Indian Copyright Societies

A few years ago in 2018, I had written about the financial state of Indian copyright societies dealing with music. At the time, things were not looking well for the two main copyright societies in the music industry, which are the Indian Performing Rights Societies (IPRS) and the Phonographic Performance Ltd. (PPL). While IPRS collects royalties for use of music and lyrics, PPL collects royalties for use of the sound recordings. The revenues for both copyright societies at the time…

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Events Opportunities Sponsored

LexisNexis IP’s Live Webinar on ‘Patent Analytics: A Scientific Approach’ [August 6]

We’re glad to inform you that LexisNexis IP is organizing a live webinar on ‘Patent Analytics: A Scientific Approach’ on August 6, 2020. For further details, please read the announcement below: Live Webinar on ‘Patent Analytics: A Scientific Approach’ | August 6, 2020 We, LexisNexis Intellectual Property, are delighted to invite you to join a live webinar on ‘Patent Analytics: A Scientific Approach’ that we’ll be organizing on August 6, 2020. In this webinar we will discuss analytics methodologies to…

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Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual

We’re pleased to bring to you a guest post by Shivam Kaushik, discussing the impact and legality of the guiding principles regarding the requirement of disclosure of foreign patent applications, as introduced by the 2019 version of the Manual of Patent Office Practice and Procedure. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He has previously also written two guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ and ‘Govt’s Draft Model…

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Solutionism, Social Innovation and IP

book cover of "to save everything click here"

Back in 1970, Justice Stephen Breyer, (now of the US Supreme Court, then a professor at Harvard Law School), in contemplating the proposals to extend copyright terms, wrote an interesting article where he pointed out that the Copyright regime seemed to be based more on fear, than on fact (paywalled link). His conclusion regarding the copyright system, ended up echoing what the economist Fritz Machlup had famously said even earlier, in 1958, about the patent system – that if we…

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Copyright Innovation

Onerous Copyright Licensing, Fair Dealing and Alternatives to TikTok

Content sharing platform TikTok is the first among the list of apps in the Indian government’s recent Press Release, announcing a ban on 59 Chinese applications due to concerns such as threat to “sovereignty and integrity of India.” As mentioned in an insightful piece by Ameet Datta, there are many copyright obstacles before the call to find a comparable Indian substitute for TikTok can be materialised. Datta refers to three types of licenses that any service modelled on TikTok’s format…

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