Guest post: Whirlpool v. Videocon

One of our former bloggers, and my former classmate Kruttika Vijay, has returned to us with a guest post on a topic that has not received much attention here. After graduating from Nalsar University in 2009, she worked at Anand & Anand for a few years, and has now just begun her LLM degree at Stanford University. Hopefully, she says, this will be the first of many more guest posts by her in this coming year. Pictured above: Not Whirlpool’s registered […]

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CSIR provides misleading information; aims to hide revenues from patent licensing

Image from here Pursuant to my last post, I received the annexures that CSIR had forgotten to send me along with its RTI reply which I had blogged about over here. The information contained in the annexures is not the information that I had asked for under the RTI Act and this information is nothing but yet another attempt to mislead me.  I had asked for licensing revenues from CSIR’s patents but was provided instead with a list of ‘lab-wise

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Academic Publishers: An Insider’s View

In my previous post, I had written about the support for Delhi Universities from other student bodies in India and the calls from several OUP authors to the publishers to drop the suit. With opposition coming in from the authors of such allegedly infringing books themselves, it becomes increasingly apparent that this entire litigation is about the publishers. In fact, I had reproduced a famous quote that went: “When we talk about copyright, we need to remember that we aren’t talking

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Looking beyond IP Internalism

In a previous post, I had mentioned Kapczynski’s paper “The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism“. Since then, I’ve had a chance to read it more thoroughly and will be reviewing the article here as it goes over a topic I personally find very important and relevant. (Full disclosure: I had RA-ed for Prof Amy Kapczynski in 2010 and she is also on my dissertation committee.) Also, Warning: Longer than usual and theoretical (but

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Guest post: ICC Development v New Delhi Television

We bring you another guest post by Archana Sahadeva, this time reviewing a case just decided on fair dealing vis-a-vis Copyright and broadcast reproduction rights. (See previous guest post by Archana here) ICC DEVELOPMENT (INTERNATIONAL) LTD & ANR. V. NEW DELHI TELEVISION LTD.   CS (OS) No. 2416/2012 Decided: September 18, 2012 ­   The Hon’ble Delhi High Court is embroiled in a yet another dispute involving the copyright and broadcast reproduction rights of the Plaintiffs vis-à-vis the “Fair Dealing” defense

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Guest post: Distributor’s rights in trademarks?

SpicyIP brings you a guest post on the issue whether under current Indian trademark law, a distributor of goods has any rights in a trademark by Archana  Sahadeva, a practicing advocate at the Delhi High Court, and who also represented one of the defendants in the cases “Double Coin Holdings Ltd. & Anr. V. Trans Tyres (India) Pvt. Ltd. & Anr.” CS (OS) No. 89/2011; and “Satish Kakkad & Anr. V. Zafco Trading LLC & Anr.” CS (OS) No. 90/2011.  Both these cases were

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Proposed Copyright Board likely to be held unconstitutional

Image from here The new scheme of the Copyright Board as proposed in the recent draft of the Copyright Rules, 2012 (Amlan has blogged on the draft rules over here) is most likely to be held unconstitutional by a Court of Law. As most of our readers may already be aware the reason the government amended the law in this respect was because the South Indian Music Companies Association (SIMCA) had challenged the constitutionality of the Copyright Board as originally

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‘A lawyer appearing before IPAB should wear the cap of an IP Practitioner’

Justice Prabha Sridevan, Chairperson of the Intellectual Property Appellate Board (“IPAB”), was interviewed by ‘Managing Intellectual Property’ [available here]. She made quite a few pertinent remarks on the functioning of IPAB, role of litigants in the system, her post-retirement plans etc. She rightly observed in the interview that the tribunal has started drawing greater international attention.  She exhorted the lawyers to approach IPAB in a different manner viz., by putting the cap of an IP practitioner and not by wearing

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Authors, Academics and Students Protest Publishers’ Move in Delhi University Copyright Case

If you have been following the recent copyright dispute between a group of publishers and Delhi University, you will acknowledge that the case primarily concerns three groups: (1) the publishers (2) authors, and (3) end users themselves (including universities, academics, research scholars, professors and students). But with the vehement objections from both authors and students to the publishers’ move against the university, raising concerns about restrictions on access to knowledge, perhaps it is time for the Government of India to

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Copyright Rules, 2012

In the past, we have extensively covered the amendments to the Indian Copyright Act by way of the 2012 amendment that was recently notified by the Government. Now, the draft Copyright Rules, 2012 have been published, which seek to clarify some of the ambiguities in the amendments. A brief (but exhaustive, hence long post warning) overview of the different aspects covered by the Rules is given below:  LICENCES FOR TRANSLATIONS  Licences for translations of work can be applied for under S.32

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