Karnataka High Court temporarily restrains German company from exploiting trade secrets of Homag India

Image from here In an interesting judgment dated 10th October, 2012 the Karnataka High Court, sitting at Bangalore, has passed an interim injunction restraining IMA AG Asia Pacific PTE Ltd. (a German subsidiary based in Singapore) from exploiting the trade secrets of Homag India Ltd. the Indian subsidiary of a German company. The injunction also extends to one of the former employees of Homag India, who is alleged to have leaked the trade secrets, through his official email account, to […]

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Copyright Aggression vs Educational Access: The "Grammar" of Justice?

In a rather unfortunate turn of events, Delhi University (DU) and Rameshwari appear to have lost the now famous DU photocopy case that pits the public interests of students against the private interests of publishers. As reported in earlier blog posts, a leading group of publishers, including OUP, CUP and Taylor & Francis, sued a photocopying shop (Rameshwari Photocoping) and Delhi University (DU) for alleged infringement of copyrights in their books, excerpts of which were compiled into student course packs

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Rebutting arguments against multiple copyright societies

Image from here. In response to my last post, I received a dismissive comment from Achille Forler, an insider from the music industry, who like most other folks from the music industry consider any commentary from outsiders as ‘pointless’. In any case, we on the blog seem to be much more receptive of criticism and I’ve taken the time out to rebut each one of the points raised by Forler. Forler’s comments are in red below, with mine in black:

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Mapping out the future of Indian copyright societies

Image from here The latest copyright amendments enacted by Parliament requires “that the business of isuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society duly registered under this Act”. The provision therefore aims at ensuring that all music companies, including T-Series which used to previously operate independently of copyright societies, are also forced to operate within a copyright society. 

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Add a disclaimer says Supreme Court: Bata has happy feet

Every time a lawyer (or in this case, a blogging spectator) predicts how a case will proceed, you usually cross your fingers and hope you’re right. In the case of Bata v. Prakash Jha Productions, I had said I would be surprised if Bata went to the Supreme Court or if the SLP would be admitted. I was wrong on the former count, and right on the latter.  But the SLP did not need to be admitted because in this

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Spicy IP Weekly Review (October Week 3)

This week (October 15-21) has seen its due number of happenings within the country and beyond insofar as the IP scenario is concerned, with 8 posts having been put up in the blog, covering a varied range of events. Guest Post on Xerox Victory   (Image from here) It started with a guest post by Adarsh Ramanujam, an IP lawyer, analyzing the impact in the Indian trademark law scenario of the judgment Ilango v. Rank Xerox Ltd. & Ors., wherein

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Delhi University Restrained for Alleged Admission of Infringement: True Lies?

This afternoon, in response to my post announcing a petition relating to the OUP-Delhi University copyright dispute, we were informed that an order had already been passed against Delhi University a few days ago. WHAT IS THE BASIS FOR THE INJUNCTION AGAINST DELHI UNIVERSITY & RAMESHWARI PHOTOCOPY SHOP? I have checked the Delhi HC website but the order is still not available. I managed to obtain a copy of the D.U.written statement, and having read it in its entirety, am convinced there is no

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Appeal to Publishers to Withdraw Suit Filed against Delhi University

We have previously covered the recent copyright dispute between Oxford University Press and other publishers against Delhi University in great detail. In this post, I explained why Delhi University must defend in court, its practice of photocopying course packs (consisting of only essential reading material required for a  particular course) for the benefit of  students who cannot afford to purchase a personal copy of the entire book. It appears that Delhi University is now slowly distancing itself from the photocopier and

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September 2012: Controller’s decisions at the IPO

In the month of September, 2012 the Controller’s offices issued 94 decisions.  Out of these 94, 46 decisions were granted, 33 refused (including abandoned and withdrawn) and no file uploaded for the remainder (15). There is one instance of a typographical error: perhaps unintentional – where the Controller allowed the application but numbered it incorrectly.  The case is for application 762/MUMNP/2008, and the  Controller allowed the application for 787/MUM/2008.Some interesting decisions: The decisions for section 3(k) / 3(d) / 3(e)

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The ‘Register of Owners’ for future copyright societies – will the Registrar of Copyrights get it right 16 years later?

Image from here Sometime in the next few months, once the Copyright Rules, 2012 is finalized by the Copyright Office, the Registrar of Copyrights will begin the process of registering new copyright societies. Sixteen years ago, when Indian Performing Rights Society (IPRS) was being registered as a copyright society, the Copyright Office committed several blunders during the registration process which inevitably led to the fiasco that followed in the later years. I’ve written about some of these blunders earlier over

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