Copyright

Remember that speech by the Home Minister linking copyright infringement to terrorism, well, I filed a RTI application and…….


A couple of months ago, the Minister of Home Affairs Rajnath Singh, while delivering the keynote speech at the ‘National Workshop on Enforcement of Intellectual Property Rights’ made some tall claims about how copyright infringement and piracy was funding terrorism. This particular urban legend, linking copyright infringement to terrorism has been the central plank of the Motion Picture Association of America (MPAA) for some time now despite there being no convincing evidence actually establishing the link between copyright piracy and…


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Others

SpicyIP Weekly Review (November 5-11)


The topical highlight of the week is Divij’s post breaking news on recent developments in the ongoing feud between artists and copyright societies. The Enforcement Directorate has raided five major music companies in connection with their alleged misappropriation of artists’ royalties. As Divij notes, this is possible the first time a criminal complaint has been registered (under the PMLA) against IPRS in this dispute. The accompanying penal consequences may be a turning point in this battle. The thematic highlight of…


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Copyright

Re-Tweeting Into Trouble


A few weeks ago, Keith Bell, the author of a sports psychology book titled ‘Winning isn’t normal’ instituted proceedings against Pennsylvania-based King’s College and its sports coach for copyright infringement. What is remarkable about this suit is that it claims the infringement arose from an act of re-tweeting. The original tweet, containing photos  (which is arguably copyrightable content) of certain pages of Bell’s book  had been posted by a different user, the Northeastern State University Baseball team. Twitter has general…


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Copyright

Should Shankar Pay Royalty for Making a Sequel to His Own Film?


We are pleased to bring to you a guest post on sequel rights by Swaroop Mamidipudi. Swaroop is an advocate practicing in copyright law at the Madras High Court. He has guest blogged for us in the past as well (see here). Should Shankar Pay Royalty for Making a Sequel to his Own Film? Swaroop Mamidipudi In the last episode of the first season of Tamil Bigg Boss, Kamal Hassan and maverick Tamil director Shankar, who has a crazy cult…


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Copyright Others

Breaking: Artists’ Royalty Feud Against Labels Heats Up – Enforcement Directorate Raids Five Major Labels in Money Laundering Investigation


The battle for fair payments of royalties between artists and copyright societies is in the limelight again, and this time, it’s music labels in the eye of the storm. Various media outlets have reported that the Enforcement Directorate (“ED”) has conducted searches and enquiries in the premises of five music companies, including YRF Music, Saregama (which has since confirmed the news in a public statement), T-Series, Sony and Universal Music, India’s largest music labels, in at least 12 locations, in…


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Others

SpicyIP Weekly Review (October 29-November 4)


This week, we had two thematic highlights – Simrat Kaur, an IP lawyer based out of New Delhi, wrote a guest post on Copyright Surrogacy. Simrat introduces copyright surrogacy as the attempt to reclaim copyright in public domain works. This process includes the making of digital reproductions of works that have passed into the public domain, and then claiming copyright protection over these digital reproductions. Simrat then traces the treatment of such “digital surrogates” under different jurisdictions – specifically the US and…


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Trademark

Asst. Registrar Files Criminal Complaint(s) against False Representation of Marks as ‘Registered’


Last month, the Assistant Registrar of trademarks, Chennai filed certain complaints before the JMFC, in Telangana, against four different proprietors over two common trademarks. We received information on the same through one of our readers, who also filed the RTI application (accessible in full, here) in order to obtain a copy of the complaints. The complaints are notable because they indicate a rare instance of recourse to criminal remedies provided under the Trademarks Act. Recourse taken, not by private parties…


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Copyright

A Sneak Peek into the Murky World of Torrents


An estranged member of one of India’s most popular torrent websites, which goes by the name ‘Tamilrockers’, has given an interview that sheds much light into the modus operandi of the website in particular and the world of torrents in general. While the interview offers numerous fascinating insights into the functioning of torrent websites, if there was one key takeaway from the interview, it is that everyone is in on it, including you and me. As Mr. Bhaskar Kumar, who…


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Others

SpicyIP Jobs: Jean Monnet Geographical Indications Visiting Fellow at ANU Centre for European Studies


We are pleased to announce that the ANU Centre for European Studies (ANUCES) is inviting applications for the Jean Monnet Geographical Indications Fellowship. The deadline for applications is November 30, 2017. For further details, please read the post below: ANU Centre for European Studies Jean Monnet Geographical Indications Visiting Fellowship ANU Centre for European Studies (ANUCES) has been awarded an EU Jean Monnet grant to undertake a project on geographical indications (GIs). The core of the project is collecting all available empirical…


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Biological Diversity Patent Plant Variety Protection

Pest Policy: Confusion, Capture or a Fetish for the Foreign?


Policy-making is curious business. Particularly when it comes to technology. How else does one explain the following conundrum confronting our agro-biotech landscape? One the one had, the government appears more or less convinced that BT cotton (patented technology belonging to Monsanto) has developed pest resistance (against the pink Bollworm) and does not work anymore. And yet on the other, it wants this patented technology to disseminate widely in a cheaper and more accessible manner to the poor farmer. Forcing one…


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