Guest post: ICC Development v New Delhi Television

/ By / Others

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 […]

Guest post: ICC Development v New Delhi Television Read More »

Guest post: Distributor’s rights in trademarks?

/ By / Trademark

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

Guest post: Distributor’s rights in trademarks? Read More »

Proposed Copyright Board likely to be held unconstitutional

/ By / Copyright

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

Proposed Copyright Board likely to be held unconstitutional Read More »

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

/ By / Uncategorized

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

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

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

/ By / Copyright

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

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

Copyright Rules, 2012

/ By / Copyright

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

Copyright Rules, 2012 Read More »

Madras High Court declines to grant interim injunction in trademark dispute between Google Ad-words and matrimonial portals

/ By / Trademark

In a judgment dated 10th of September, 2012 a Division Bench of the Madras High Court declined to set aside the judgment dated 30th September, 2010, of a Single Judge of the same court, declining to grant Consim Info Pvt. Ltd. an interim injunction in a trademark infringement lawsuit against Google & other internet marriage portal which compete with Bharat-Matrimony.com an internet marriage portal which is owned by Consim. The judgment can be accessed over here.  For our post summarizing

Madras High Court declines to grant interim injunction in trademark dispute between Google Ad-words and matrimonial portals Read More »

IPAB dismisses Bayer’s appeal against compulsory license

/ By / Uncategorized

The Intellectual Property Appellate Board (IPAB) has rejected a petition of Bayer Corp., seeking a stay on an order of the Controller, granting compulsory licence to Natco Pharma Ltd., for Nexavar, a drug (Sorafenib Tosylate) to treat renal cell and hepato-cellular carcinoma (cancer).  Shamnad had earlier blogged about the grant of the compulsory license here and here.  A copy of the judgment is available here.   The judgment is penned by none other than Justice Prabha Sridevan, with technical member: DPS

IPAB dismisses Bayer’s appeal against compulsory license Read More »

SpicyIP’s Weekly Review – September (Week 2)

/ By / Copyright, Trademark

SpicyIP had a slightly busier week than normal with a good variety of topics being covered this last week. For our previous weekly reviews, see here. (We are currently experimenting with different formats for this weekly review and will eventually settle into one format depending on what readers prefer)  I would peg the engaging debate that’s been going on between our writers over the OUP – DU case as our highlight of the week – Great dialogue about an interesting topic. (I

SpicyIP’s Weekly Review – September (Week 2) Read More »

PIP (Essay Competition) Deadline Approaching!

/ By / Uncategorized

As noted in several earlier posts, this year, SpicyIP brings you an exclusive IP writing competition titled Pondering IP (PIP). This competition is organised under the aegis of the Ministry of HRD Chair at WB NUJS, but in collaboration with IPTLS (a student run IP society at NUJS) and SpicyIP. The competition is open to law students throughout the world and we offer a modest prize for the best three essays. If you are a law student, we hope you

PIP (Essay Competition) Deadline Approaching! Read More »

Scroll to Top