As mentioned in an earlier post, we’re hunting for new talent at SpicyIP. “Our lights have been dimming of late, and we need some bright sparks to join the SpicyIP team. Therefore, if you think you have what it takes to be a consistent blogger with a keen eye for IP issues and new/creative ways for thinking about them, please send us an email on ipchairnujs [at] gmail.com. Please mention why you think you might be a good fit for […]
Our Hunt for New Talent Read More »
The Dewarists, a television program produced by Star India, which follows musicians from different parts of the world, collaborating to produce original compositions, while travelling across India. has received critical acclaim from viewers since it was first broadcast a month or so ago. But like many television shows that exceed expectations and have surging popularity, it too has become immersed in a copyright dispute. It is reported that the Delhi High Court has issued a notice to the producers of
The Dewarists Television Show in Copyright Trouble? Read More »
In a decision that is bound to have an impact on the creative faculties of Indian music composers, Justice Manmohan Singh of the Delhi High Court on the 21st of September, 2011 acting on a copyright infringement claim, filed by Canadian singer Loreena McKennitt, has passed an ex-parte interim injunction against Deepak Dev, an awarding-winning music composer from Kerala; and the producers & distributors of the Malyalam movie ‘Urmi’. The order however is restricted to the proposed release of the
Finally, an Indian music composer gets sued for allegedly copying a foreign melody! Read More »
In a short order, the Delhi High Court dismissed, as withdrawn, a writ petition filed by Bayer against the publication of Natco’s CL application by the Controller General of Patents. The same petition had been filed by Bayer before the Bombay High Court earlier this month. We blogged about it over here. The order of the Delhi High Court has been pasted before: O R D E R 16.11.2011 The petitioner impugns the order dated 11.08.2011 passed by the Controller of
Delhi HC dismisses Bayer’s plea against Natco’s CL Read More »
A few weeks ago Shan had carried this interesting post on a complaint made by HT Media to the Competition Commission of India (CCI) against the Super Cassettes Industries Ltd (SCIL) a.k.a. T-Series. HT Media owns several radio stations, which want to play the music owned by SCIL and both parties are unable to agree on the rate of a reasonable royalty. The essence of the complaint, as reported by Mint (which is owned by HT Media), is that T-Series,
Should T-Series challenge the constitutionality of the CCI? Read More »
I’m glad to bring our readers, this excellent guest, on celebrity domain names, by Amba Kak, a fourth year law student at the National University of Juridical Sciences (NUJS). In this post, Amba discusses an international domain name dispute with significant repercussions for celebrity fan websites. The Lady Gaga Decision: Fan sites, legitimate interests and bad faith By Amba Kak A few months ago, the National Arbitration Forum, international adjudicatory body for domain name disputes, decided that a celebrity fan
Guest Post: The Lady Gaga Decision Read More »
In a surprise move the Bombay High Court, in an order dated 11th of November, 2011 has transferred Bayer’s writ petition, against the publication of Natco’s compulsory licensing application for Nexavar, to the Delhi High Court which is also hearing a patentinfringement suit filed by Bayer against Natco. As we had blogged earlier over here, Bayer had challenged the Controller’s decision to publish the CL application, on the grounds that it had not been given a hearing on the question
Bombay HC sends Bayer’s petition against NATCO’s CL to the Delhi HC Read More »
The Delhi High Court recently announced the verdict in the TenXC case/cases . We have earlier blogged about the case here and here. As expected, the interim injunction granted to the patentee, TenXC was vacated and the defendants were allowed to keep accounts till the time final verdict is announced; the patent has not been declared to be invalid. This decision has clarified quite a few issues in Indian patent law and at the same time raised a few issues related
End to an interim injunction: TenXC decision announced Read More »
The term “prima facie” counts as one of my favourite legal expressions. Not least because it appears to be the only place where the law expresses an unabashed preference for “appearances” (which in the real world can, and is often, deceptive). Certainly a problematic expression when it comes to the law of injunctions, particularly IP injunctions where our judges continue to shoot in the dark. But more of this later. For now, it may interest you to note that the
Bayer Challenges "Prima Facie" Determination in Compulsory Licensing Case Read More »
As our readers may remember the DIPP had recently released a discussion paper on reforming the organizational structure of the Patents & Trademarks office. The deadline for replying to this paper is the 30th of November. In the meanwhile, to get the debate rolling on this blog, we have for our readers this incisive guest post, from Mr. R. Parthasarathy, Senior Partner and Adarsh Ramanujan of Lakshmi Kumaran & Sridharan, on the issues raised by the DIPP in its discussion
Guest Post: Some thoughts on the DIPP discussion paper Read More »
