Saregama alleges Copyright Infringement by Dirty Picture Song prior to Satellite Release of Movie

/ By / Copyright

(Image taken from here)Many readers would undoubtedly already be familiar with the recent histrionic abilities of the Bollywood actress Vidya Balan in the widely-acclaimed movie ‘Dirty Picture’. On April 22, 2012, the movie is due to have its satellite launch, following which it will be aired in television channels across the country. It is at this stage that a recent petition has been filed seeking an injunction from broadcasting the film itself or at any rate the song therein titled […]

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Guest Post – TKDL: A success- Really?

/ By / Uncategorized

Mahima Rathi, who has recently guest blogged for us, over here, has sent us this very interesting case study regarding the use of the Traditional Knowledge Digital Library (TKDL) before the European Patent Office. TKDL: A success – Really? by, Mahima Rathi Much has been said about the success of TKDL in preventing cases of misappropriation of Traditional Knowledge related to Genetic Resources (TKGRs). In fact, the TKDL website refers to several cases of withdrawals, amendments and rejection of patent

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Hahnemann alleges Trademark Infringement of Homeopathic Medicines

/ By / Trademark

The readers, who are inclined towards favoring homeopathic medicines over other forms of treatment, may find the following case to be of interest. The matter essentially involves a trademark infringement and is titled Hahnemann Laboratory Ltd. & Ors. Vs. The Hahnemann India Laboratories (BN) & Ors. that has been decided on February 3, 2012. In this case, petitioner had alleged infringement of its trademark ‘Arnimax’ coupled with a trade dress (silhouette of a lady with black hair, for which the

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India alleges Russian Dilution of GI in Darjeeling, Assam and Nilgiri Tea

/ By / Uncategorized

The readers will undoubtedly aware of the popularity enjoyed by certain products in India that have been granted protection under the special tag of geographical indication (GI). Darjeeling, Assam and Nilgiri teas are prime examples of such GIs that have achieved global popularity by way of export and are extremely valuable sources of foreign exchange earners for India. For those who are unaware, GI protection is accorded to products made in or originating from a specific region as recognition of

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Ranting on the confused concept of ‘IPR’

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As one browses through the current affairs of the intellectual property world, definite trends and patterns are easily noticeable. International IP institutions continue to work towards upward harmonization – more stringent standards. More awareness campaigns are being spread to inform people about intellectual property rights and their value. While intellectual property rights are getting more standardized and harmonized, I often wonder something more fundamental. Why should they be – in any sense? I know how it’s happening – a few whispers

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Guest Post: Unveiling the Link: CSIR and Indian Intellectual Property Office

/ By / Uncategorized

I recently invited Mahima Rathi, a fourth year student at the National Law University, Jodhpur to write a guest post for us on her research into the Traditional Knowledge Digital Library (TKDL). Mahima had earlier left several insightful comments on the previous TKDL posts and I think it is safe to conclude that given the depth of her research into the topic she can easily write a book on the TKDL.  Mahima’s post, below, explains how although CSIR and the

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Bollywood music: copyright variations

/ By / Copyright

Bollywood music needs no introduction to copyright law; It has been hailed as both an innovator and a copycat laggard.  As an example, see posts related to Bollywood and copyright by Shamnand and Prashant:  here, here, and here.  Bollywood’s most prolific composers (read highly successful) have often been in eye of controversy on the allegations of lifting/copying a composition from another’s composition/music.  I contend that a case of simple lifting is far fetched not because there is no copying, but

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Clash of the Courts: Indian District Court restrains Google from complying with a subpoena issued by an American Court

/ By / Privacy

In what is probably the first case of its kind, the District Judge at Vishakhapatnam has restrained Google, on the 4th of April, 2012, from complying with a subpoena issued by the Superior Court of California, ordering Google to share the password of the Gmail account belonging to an Indian citizen residing in Vishakhapatnam. The Plaintiff in this case argued that as an India citizen he had a right to privacy under the Indian Constitution and that the defendants could

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The Customs Order in the Dell case: Will it stand the test of an appeal?

/ By / Trademark

We have finally managed to get a copy of the order of the Customs Commissioner in the Dell case, which I had blogged about yesterday. The order is accessible over here and the previous post is available over here. As explained in the earlier post, the Customs Commissioner had allowed the parallel import of Dell computers into India on the grounds that the Trade Mark Act, 1999 did not forbid such imports.  The basic facts of the case are simple.

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FICCI announces Online Certificate Course on IP: May-July 2012

/ By / Uncategorized

The Online Certificate Course on Intellectual Property (IP) started by Federation of Indian Chambers of Commerce and Industry (FICCI) has been much appreciated by the participants of the Course. Readers will recall that we had posted on the inaugural edition of this course last year here. FICCI informs us that the next Online Course would be conducted from May – July 2012. Registration for the same has started from 1st April 2012. Course Duration: 3 Months Registration Start Date: 1st

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