Others

SpicyIP Weekly Review (April 2-8)


Topical Highlight  We have Inika notifying you about Javed Akhtar’s (Chairman) and Achille Forler’s (Advisor) appointment by the Indian Performing Right Society (IPRS) to the Board. She also discusses the past failings of the society, while hoping for greater transparency and better governance in the future. Thematic Highlight  Next up, Fellowship applicant Divij Joshi, while discussing the liability of online marketplaces for trade mark infringement, brings up the following discussion points: i. EU and US case law on the same issue (L’Oreal…


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Copyright

IPRS Undergoes Management Change – Javed Akhtar and Achille Forler Brought on Board


In a huge development, the Indian Performing Right Society (IPRS) has appointed poet, scriptwriter and lyricist Javed Akhtar as their chairman; and copyright administrator Achille Forler as a Permanent Advisor to the Board. This is largely being seen as a positive development, as IPRS has been in the spotlight not only for their validity as a copyright society, but also for allegations of mismanagement and the lack of transparency. As Prashant notes, allegations against the IPRS management date back to…


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Others

SpicyIP Internship Programme: Call for Applications


Have an interest in IP law? Love legal research and writing? And wish to work anytime, anywhere? Here’s a perfect opportunity for you. SpicyIP is launching an internship programme and inviting applications on a rolling basis for the same. About the Internship Programme The SpicyIP Internship Programme offers law students and graduates the chance to engage in meaningful research, writing and analysis in the field of IP and innovation law and policy. The interns will be required to provide high-quality…


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Copyright Trademark

SpicyIP Fellowship 2017-18: Beginner’s Guide to Combating Infringement on Social Media


We are happy to bring to you a guest post by our Fellowship applicant Madhurima Gadre. Madhurima is a 4th year student at National Law University, Jodhpur. This is her first submission for the Fellowship.     Beginner’s Guide to Combating Infringement on Social Media Madhurima Gadre Around 2009, some people began adding macro text to a photo of a penguin on the internet. According to Know Your Meme, a website dedicated to documenting viral internet phenomena, this became what’s now known…


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Trademark

Joint Trade Mark Ownership: Competing Values


While discussing the “superhero” trade mark (here), I had promised to discuss joint TM ownership. In that case, DC and Marvel jointly owned the trade marked word “superhero“.  By “Joint Trade Mark Ownership”, I am referring to two separate entities (not a joint-venture) owning one single mark in the same geographical region over the same kind of products or services. Actually, I was required to discuss a specific case involving a split in a family and the IP complexities arising…


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Trademark

SpicyIP Fellowship 2017-18: Online Marketplaces and Trademark Infringement in India


  We are pleased to bring to you a guest post by our Fellowship applicant Divij Joshi. Divij graduated from NLS, Bangalore in 2016 and is currently working at a leading law firm in Mumbai. This is his first submission for the Fellowship.   Online Marketplaces and Trademark Infringement in India Divij Joshi The responsibilities of online intermediaries for third-party transactions on the internet is a vexing legal issue across jurisdictions, India being no exception. While a division bench of…


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Copyright

“Phillauri” Copyright Infringement Case #Lastminute Complainants


Somewhere midway through reading Justice Patel’s order dealing with the Phillauri copyright infringement case, I was convinced that the Plaintiff’s counsel would soon have to initiate a medical course involving anti-depressants. J. Patel was absolutely brutal.  I am getting ahead of myself. The allegedly infringing work, Phillauri, is…err…a comedy film (?) that deals with tree spirits, subsequent marriage with tree spirits and analysis of said tree spirits mortal life. Interestingly, the allegedly infringing work, Mangal Phera, is a horror flick….


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Others

Andhyarujina vs Adversariality: A Legal Lesson for Life


  I barely knew him. But he taught me the most valuable lesson of them all. To take the “adversary” out of the “adversarial”! That was Tehmtan Andhyarujina for you. One of the finest counsels to have graced our courts. Sadly, he is no more with us. We were pitted against each other in the famed Novartis patent litigation. Although I was appearing as an academic intervenor cum amicus before the court, he knew that my ultimate stand was deeply…


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Privacy

SpicyIP Fellowship 2017-18: Who Can Be A Celebrity: A Christopher Porco Story


We are happy to bring to you another guest post by our Fellowship applicant Shubhi Sharma. Shubhi is a 4th year student at Rajiv Gandhi National University of Law, Punjab. This is her second submission for the Fellowship. Who Can Be A Celebrity: A Christopher Porco Story Shubhi Sharma In 2013 Lifetime Entertainment Services (LES) decided to broadcast a film titled “Romeo Killer: The Christopher Porco Story”. LES later found itself engaged in a legal spat of civil rights action suit with…


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Copyright

SpicyIP Fellowship 2017-18: Online Film Reviews: A New Form of Online Piracy


We are glad to bring to you a guest post by our Fellowship applicant Shubhi Sharma. Shubhi is a 4th year student at Rajiv Gandhi National University of Law, Punjab. This is her first submission for the Fellowship. Online Film Reviews: A New Form of Online Piracy Shubhi Sharma As somebody born in the 90s, I have been a part of a terrific transition in relation to the cinematic world. Within a span of 20 years or so, this film industry…


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