Copyright

SpicyIP Fellowship 2018-19: Developments in ISP Liability on Copyright Infringement

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We are pleased to bring you a guest post by our Fellowship applicant Arth Nagpal. Arth is a 3rd year student at NLS, Bangalore. This is his first submission for the Fellowship. Developments in ISP Liability on Copyright Infringement Arth Nagpal This piece intends to draw a comparison between Internet Service Provider (ISP) liability on parties for copyright infringement in the United States and India. The former has in place a system of ISP liability through the mechanism of graduated…


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Copyright

‘Unacademically Speaking’: Madras HC Upholds Copyright Claim in 2IIM CAT Questions

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On August 13, the Madras High Court ruled in favour of coaching institute, ‘Fermat Education’ holding that there had been infringement of copyright in the 2IIM CAT questions authored by them. The case presents an interesting factual matrix, and before moving on to the more compelling legal issues, it would be helpful to go over the same. The Facts Fermat Education (the plaintiff) has been engaged in providing coaching to students for competitive exams, since 2014. Of particular interest to…


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Others

SpicyIP Jobs: Senior Associates (Patents/Trademarks) at P.S. Davar & Co., New Delhi

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We’re pleased to inform our readers that P.S. Davar & Co., a boutique IP law firm based in New Delhi, is looking to recruit two Senior Associates for their Patents and Trademarks teams. For further details, please see the job description for each of the two positions below: About the Firm – P.S. Davar & Co. is a boutique intellectual property law firm. The firm has an increasing client base comprising a wide range of clients. The firm is looking to…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety”? (Part II)

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We are happy to bring to you yet another insightful post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. This post is Part II of the three-part post where Prof. Gopalakrishnan critically examines the procedure followed for registration of farmers’ varieties. Part I of the post can be viewed here and the earlier posts in the series, here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part II)? Prof. (Dr.)…


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Others

SpicyIP Weekly Review (August 13-20)

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SpicyIP has been bustling with activity this week, with posts on diverse areas and active engagement from our readers. Thematic Highlight In another post in the ongoing series on the plant variety regime in India, Prof. N.S. Gopalakrishnan discusses farmers’ varieties in the Indian regime. He notes that there are discrepancies in the individual or people that can apply for registration of a farmer’s variety under the legislation. He further notes that the legislation does not provide clear guidance for…


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Patent

Did the Hindu’s Reporter Publish Fake News about Dr. Soumya Swaminathan Recommending a Compulsory License for Bedaquiline?

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In July I had written about how I had filed applications under the Right to Information Act, 2005 seeking information from the government regarding assertions made in a news report by Vidya Krishnan of the Hindu in March of this year. A copy of the Hindu’s report was appended to my RTI application. In her report, Krishnan had mentioned that the government had requested Janssen and Otsuka for voluntary licenses for their new TB drugs, bedaquiline and delaminid and that…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part I)?

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We are pleased to bring to you the fourth post in the ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on India’s problematic plant varieties’ regime. The earlier posts in the series can be viewed here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part I)? Prof. (Dr.) N.S. Gopalakrishnan Introduction It is well documented that informal innovation in plant breeding by traditional farmers is one of the most important components of sustainable agriculture. It involves…


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Copyright

SpicyIP Tidbit: Madras HC Upholds Copyright Claim on Film Title

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Things tend to go sour when nobody watches the watchdog. This seems to be particularly true of our hon’ble courts when they act in ex parte or undefended suits. In the latest development on this front, the Madras HC, in M/s. Sathya Movies vs M/s.Suresh Production Entertainment Private Limited, has upheld the Plaintiff’s claim that it was entitled to the protection of its film title, ‘Naan Aanaiittaal’, which was registered with the Tamil Film Producers Council. Mr. Justice C. V….


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Copyright

In a Copyright Infringement Dispute, Delhi High Court Holds That Makers of KBC Didn’t Engage in Copyright Infringement

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In a judgment delivered last Friday, Justice Valmiki Mehta of the Delhi High Court (“Court”) ruled on a copyright infringement dispute which involved the application of well settled legal principles, but to a very interesting fact pattern. The facts of the case lie in a very narrow compass. The Appellants have a registered copyright for a concept called Jeeto Unlimited (“Jeeto”). Jeeto entails an arrangement whereby home viewers of a quiz show are able to participate live in a quiz…


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Others

SpicyIP Jobs: Trade & IP Analyst, Médecins Sans Frontières (MSF) Access Campaign [New Delhi]

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We’re glad to inform our readers that Médecins Sans Frontières (MSF) Access Campaign is looking to hire a Trade and Intellectual Property Analyst. This is a full time position based in New Delhi. The deadline for submitting applications is August 19, 2018. For further details, please read the post below: Trade and Intellectual Property Analyst, MSF Access Campaign [New Delhi] Job Description Position: Trade and Intellectual Property Analyst Location: New Delhi, India Contract: Permanent, full time position Reporting to: India…


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