SpicyIP Weekly Review (February 25 – March 3)

In case you missed out on this week’s posts at SpicyIP, have no worries, here’s a roundup of the last weeks highlights. Our topical highlight of the week is my post on the Madras HC’s fairly straightforward decision examining film title protection in the context of copyright law. The judgement also deals with the important issue of the scope of protection offered by so-called ‘title registration schemes’ run by film associations, and whether they are effective at all. I recommend […]

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Creative Destruction at it’s Best: The Death of Manual Scavenging?

In a provocative address last year at IDIA’s annual conference, Magsaysay Award winner, Dr Bezwada Wilson rhetorically asked: How is it that we managed to send a mission (Mangalyaan) to Mars? And yet, for all our technological prowess, we still have not figured out a way to end manual scavenging! A dastardly practice with deep roots in India’s caste hierarchy and one that continues to haunt us to this day…with lower caste communities inflicted with this bountiful burden of cleaning

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Film Title Protection: Madras High Court Rejects Copyright Claim Over Film Title, Holds Trade Association Rules Not Binding on Non-Members

A division bench of the Madras High Court, in its judgement in M/s Lyca Productions v J. Manimaran and Ors, delivered on the 22nd of February, overturned a single bench decision which upheld copyright protection to the title of a film. The judgement is significant not only for its analysis of the scope of copyright protection of film titles, but also for its sound rejection of the original plaintiffs argument that the rules of a trade association should be binding

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SpicyIP Events: Roundtable on Trademark Enforcement – Challenges & Opportunities [Mumbai, March 16, 2018]

We are pleased to announce that K&S Partners, in collaboration with International Trademark Association (INTA), is organizing a roundtable on ‘Trademark Enforcement – Challenges & Opportunities’ on March 16, 2018 in Mumbai. For further details, please read the post below:           Roundtable on Trademark Enforcement – Challenges & Opportunities Leading intellectual property law firm, K&S Partners, in collaboration with the International Trademark Association (INTA) is organizing a half-day roundtable in Mumbai on ‘Trademark Enforcement – Challenges &

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Call for SpicyIP Research Fellows: Application Deadline Extended to March 15, 2018

As announced last month, this year apart from the (blogging) Fellows, SpicyIP is also looking for at least two (2) Research Fellows. If you have an interest in IP law and love legal research and writing, look no further! Apply immediately to become a SpicyIP Research Fellow!  The deadline for submitting applications for the ‘Research Fellow’ position has now been extended to March 15, 2018. Who We Are Looking For? We are looking for Research Fellows who can provide high-quality research as well as

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6th SpicyIP Fellowship 2018-19: Application Deadline Extended to March 15, 2018

As announced last month, SpicyIP is inviting  applications for the 6th SpicyIP Fellowship 2018-19. If you have an interest in IP law and love legal research and writing, look no further! Apply immediately to become a SpicyIP Fellow! The deadline for submitting applications has now been extended from February 28 to March 15, 2018. Year after year, our fellowship series has attracted some of the brightest minds to the world of IP. If you are wondering whether it’s worth applying for the SpicyIP

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SpicyIP Weekly Review (February 18 – 24)

Topical Highlight – Prashant reported on the recent repeal of the Copyright Amendment Acts of 1999 and 2012 by the Parliament. Setting the context with the help of certain case law and legislations, Prashant offers up two divergent interpretations of the effect of this repeal. He notes that one of these could be that the principal act, i.e. the Copyright Act, 1957 survives along with the amendments while the amending act has been repealed by the parliament. On the other

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Of Spicy Blogs and the Headline Skimmers

It appears that my last post on the repeal of the Copyright (Amendment) Act, 1999 and Copyright (Amendment) Act, 2012 really stirred the copyright pot. The outpouring of outrage against the content of the post and me, without even bothering to read the post is in keeping with the generally short attention spans of the internet audience. One of the editors of a new age digital news outlet recently shared with me the fact that the number of visits to

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Breaking News – Parliament Repeals the Copyright (Amendment) Act, 1999 and Copyright (Amendment) Act, 2012: What Effect Will It Have on the Copyright Act?

In a shocking piece of news, delivered to us by one of our former bloggers, Thomas Vallianeth, it appears that Parliament recently repealed the Copyright (Amendment), Act, 1999 and Copyright (Amendment) Act, 2012 when it enacted the Repealing and Amending (Second) Act, 2017 and which law received Presidential Assent on January 5th, 2018. The repeal of old legislation has been high on the Modi government’s agenda and since winning the elections in 2014 this government has been regularly repealing old

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More Advocates Challenge the Requirement of a Patent Agent Examination to Practice before the Patent Office

Since I wrote about Sanjay Gandhi’s recent petition before the Madras High Court where he sued the Controller General of Patents on the issue of advocates requiring to take the patent agent examination, I have received information regarding two more petitions on similar points before the Madras High Court and the Delhi High Court. The petition before the Madras High Court has been filed by Wing Commander (Retd.) T. R. Mohan. The gist of his petition as per a comment

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