Academics "Speak" Out in Coursepack Copyright Case

/ By / Copyright

In another significant milestone in the unfortunate copyright case filed by leading publishers against Delhi University, the court permitted SPEAK, an association of academics and authors to intervene. For a background to this dispute, see all our posts here.  For a condensed version of this law suit and what it represents, see here. For the latest post linking to a letter by academics calling on the publishers’ bluff that they support fair use and that the law suit only targets […]

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SPICY IP TIDBIT: Tea Board refused interim injunction in Tea Board – ITC ‘Darjeeling’ dispute

/ By / Uncategorized

As we reported earlier, the Tea Board of India had earlier lost its appeal before the Calcutta High Court for the purpose of obtaining injunction against the Indian conglomerate ITC Limited, and its hospitality/hotel chain, from using the word ‘Darjeeling‘ in connection with its tea lounge. In its order dated 24 August 2011, the Division Bench of the Calcutta High Court upheld the earlier decision of the Single Judge (which we reported here and here), stating that the injunction had

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Scoping the constitutional challenges against the Copyright Board

/ By / Copyright

Continuing from our earlier posts we now have confirmed information that the Copyright Board had been challenged by not only T-Series but also by a second set of parties who are involved in the film production business: Bharat Anand & JVM Movies Pvt. Ltd.  The scope of both the challenges differs slightly. While T-Series has challenged only Section 11 of the Copyright Act along with Rule 3(2) of the Copyright Rules, 2013; the second petition by the film producers challenges

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Guest Post: US Supreme Court hears oral arguments for Gene Patents case

/ By / Patent

Image from here We’re happy to bring you a guest post by Samantak Ghosh on the recent AMP v. Myriad Gene Patents case argued before the US Supreme Court on April 15th, 2013. Please see our previous post here for a detailed explanation on the background of the case. Samantak (JD Candidate ’13, Berkeley Law) also recently won the American Intellectual Property Law Association’s national student writing award for his paper on the policy ramifications of the Supreme Court’s recent decision

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IPAB complains, yet again, about lack of resources and appointment procedures

/ By / Uncategorized

In its annual report for the year 2012-13, available on its website, the Intellectual Property Appellate Board (IPAB) has complained about the shortage of human resources, lack of suitable infrastructure, insufficient funds and the unconstitutional appointment procedure currently being followed by the DIPP.  I reproduce the main complaints verbatim below:  “The first and foremost is the inadequacy in human resources: The phenomenal growth of the workload since inception has not been complemented by way of creation of additional posts. Despite

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Publishers Support Fair Use. Really?

/ By / Copyright

Image from here In an earlier post, we highlighted a protest letter by academics and authors to leading publishers, Oxford University Press (OUP), Cambridge University Press (CUP) and Taylor & Francis (T&Y) on March 10, 2013. The letter asked that publishers withdraw an egregious copyright lawsuit filed against the Delhi University (DU) and its licensed photocopier for creating and disseminating course packs. For a quick overview of the case and what it represents, see here. For a detailed coverage of

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The Competition Commission tightens the ‘noose’ around T-Series

/ By / Competition Law, Copyright

In late 2011, we had blogged about a complaint filed by HT Media before the Competition Commission of India (CCI), alleging that Super Cassettes (T-Series) was abusing its dominant position while licensing its content to radio stations.  Image from here This complaint is one of the many cases in the massive litigation between the radio industry and the music labels over licensing rates. Most of this litigation was taking place before the Copyright Board, a statutory body setup under the

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Does the Madras High Court judgment on S. 126 allow advocates without science degrees to become patent agents?

/ By / Uncategorized

A few posts ago, we had written about a judgment of the Madras High Court, when we had been informed that a part of S. 126 of the Patent Act, amended via a legislation in 2005 was struck down as unconstitutional. We had also concluded that this legislation would now “allow all advocates to practice before the patent office without giving the patent agent exam.”  It appears that this initial reading of the judgment was wrong. It does not automatically

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Call for Papers: NLSIU announces Consilience 2013 – Conference on contemporary technology related legal issues

/ By / Uncategorized

The readers may be interested to know that the the Law and Technology Committee of National Law School of India University, Bangalore is organizing- ‘Consilience-2013’, which is an annual conference on contemporary technology related legal issues.  The conference, which is going to be held from 25th-26th May, 2013 will have as its theme “Data Protection and Cyber Security in India”. The Committee is devoted to the field of technology law and has sought to inspire academic debates and tackle contentious

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‘Hamara Bajaj’- infringement of trademark of Bajaj Auto Ltd.?

/ By / Copyright, Trademark

Trouble seems to be brewing for upcoming movie ‘Hamara Bajaj’ produced by actor John Abraham’s film production company, J.A. Entertainment Pvt. Ltd. Bajaj Auto Ltd., India’s second largest two wheeler production company has filed a case of copyright and trademark infringement against J.A. Entertainment Pvt. Ltd. This is with reference to the title of the film, namely, ‘Hamara Bajaj’ which is the same as the tag line of the advertisement for the Bajaj Chetak, one of the most popular products

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