TPM Jurisprudence Going Awry – Reviewing the Delhi High Court’s Judgment in Tata Sky v. YouTube

/ By / Copyright

A couple of weeks ago, Kartik had written a detailed post on a judgment by the Delhi High Court in the case of Tata Sky v. YouTube. The facts of the case are quite simple. Tata Sky sued You Tube on the grounds that the latter had failed to take down videos which taught viewers to circumvent certain technological protection measures (TPM) to view HD channels broadcast by Tata Sky, without paying for access. The main cause of action in […]

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SpicyIP Weekly Review (September 4-10)

/ By / Others

The thematic highlight for the week is our former blogger Dr. Mrinalini Kochupillai’s two part post (found here and here) on Bt Cotton licensing fee dispute and Prashant’s related post on the same issue. In the first of the two, Dr. Mrinalini speculates the possible reasons behind the Indian government’s decision to first issue and then withdraw the guidelines related to GM (including Bt) technology. She infers that the primary reason behind government’s move to introduce these guidelines is to

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Statutory Licensing Scheme under Copyright Act Made Applicable to Online Broadcasting

/ By / Copyright

In a significant development, the Department of Industrial Policy and Promotion (DIPP) issued an office memorandum (OM) earlier this week, bringing online broadcasting within the purview of the Copyright Act. To understand the full import of this development, it would be instructive to examine how broadcasting organizations are legally permitted to communicate a work to the public. Section 31D, added to the Copyright Act by the 2012 Amendment, allows any broadcasting organization that is desirous of communicating a work to

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SpicyIP Events: 5th Annual Global IP Conclave & Awards 2016, Mumbai

/ By / Event

SpicyIP is happy to announce the 5th Annual Global Intellectual Property (IP) Conclave & Awards 2016 (GIPCA) that will take place on November 10 & 11, 2016 in Mumbai. GIPCA is an industry leading event dedicated to bringing together IP owners, experts, lawyers and investors to address key challenges and operational issues faced by companies and IP professionals today. As an industry networking platform, the Conclave provides meaningful and valuable insights in IP generation as well as managing, protecting, enforcing

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On Bt Cotton, FRAND Licensing and Recent Governmental Initiatives: Putting Things in Context – II

/ By / Plant Variety Protection

In Part I of this guest post, Dr. Mrinalini Kochupillai recommended against immediate incorporation of Bt technology into all cotton seeds (typical or hybrid) in India. In Part II of the post below, she discusses the reasons for this recommendation.     On Bt Cotton, FRAND Licensing and Recent Governmental Initiatives: Putting Things in Context – II Dr. Mrinalini Kochupillai Promoting Indigenous Private Sector R&D It may well be pure conjecture that the government’s efforts to reduce the price of Bt technology under its

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On Bt Cotton, FRAND Licensing and Recent Governmental Initiatives: Putting Things in Context – I

/ By / Plant Variety Protection

We are happy to bring to you a two part guest post by one of our former bloggers, Dr. Mrinalini Kochupillai. Mrinalini is a senior research fellow at the Max Planck Institute for Innovation and Competition, Munich and a Program Director and faculty member at the Munich Intellectual Property Law Center (MIPLC). She has been associated with the MIPLC and the Max Planck Institute since 2008, first as an independent MIPLC research fellow (2008-2009) and then as a doctoral fellow with the International

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Where is the Regional Comprehensive Economic Partnership Headed?

/ By / Others, Patent, Plant Variety Protection, Traditional Knowledge

The Regional Comprehensive Economic Partnership (RCEP) – the Asian answer to the Trans-Pacific Partnership (TPP) is still being furiously scripted. The US-led TPP and China-led RCEP were always touted as rivals racing to set global trade standards before the conclusion of the other. Well, TPP gunned ahead and is currently in the ratification phase, where as RCEP is yet to be concluded and talks may very well enter 2017. The latest round of RCEP talks ended last month and paints a

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Dart Industries Inc. & Ors. v Techno Plast & Ors: Resolving the Copyright-Design Conundrum

/ By / Copyright, Design

The apparent conflict between the Copyright Act and Designs Act has led to much litigation in recent times which we have covered extensively on the blog here, here, here and here. This conflict arises due to the overlaps in both these IP regimes which provide for different terms of protection even though they protect substantially similar works. Very recently, this conundrum has been discussed by Balu here. In this post, we discuss the case of Dart Industries Inc. v Technoplast

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Puzzling Patents

/ By / Patent

We are happy to bring to you an interesting guest post by Jasneet Kaur. Jasneet is an independent legal practitioner with extensive experience in trade mark law, having worked with the IPR divisions of two leading law firms in Delhi. This post is in response to an e-mail sent by Prof. Basheer to our subscribers last week, wherein he kickstarted a new column on weird/interesting patents with a 1965 patent for an apparatus for facilitating the birth of a child by centrifugal force.

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Dealing with Pirates the Smart Way- The Joker Model

/ By / Copyright

We are all too familiar with the spectrum of arguments in relation to piracy. While some push for a position of copyright maximalism, there are others who shrug off the very idea/ utility of copyright. Irrespective of the ideology one might want to follow, it would serve one well if the reality of piracy is accepted and ways to tackle it smartly are sought for. It is in this context that the recent attempt by SR Prabhu, producer of the

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