Google Books Settlement Rejected

In a decision sure to have important implications for antitrust, copyright law, digital archiving and class action issues, a federal district court in New York rejected the settlement that Google had reached with layers of publishing houses and authors themselves, to digitise books to create a universal library of digital content. After a significant lull in the updates on the Google Book Settlement, the long-awaited decision has finally come through, putting to rest the $125 million deal, in its current […]

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Delhi High Court to hear the ‘Nexavar’ patent infringement suit tomorrow

Bayer’s patent infringement suit against Cipla, for the Nexavar patent is now slated for a hearing tomorrow the 23rd of March, 2011 before the Delhi High Court. Regretably Justice Ravindra Bhat will, in all probability, not be hearing the matter any longer as he has been shifted to a Division Bench deciding criminal appeals. Justice Bhat was the person responsible for putting this litigation on a fast-track. As blogged by us earlier, the Court had already framed the issues in

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‘Open’ carries a story on the ‘behind-the-scenes’ of the Copyright Amendment Bill, 2010

‘Open’ Magazine has carried this interesting piece, by Rahul Bhatia, on the drama behind the Copyright Amendment Bill, 2010. This piece traces the story of how the lyricists and composers were upset with the royalties that were being given to them and how they managed to convince Minister Kapil Sibal to address their grievances through an amendment to the Copyright Act, 1957. This piece is definitely a must read for anybody interested in the political negoatiations behind the Copyright Amendment

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The Curious Case of the "Data Exclusivity" Volte Face

In an earlier post, we referred to a rather curious article by Financial Express (FE) which claimed that some of our biggest generic names, namely Dr Reddys and Glenmark executed a stunning volte face and were now cosying up to the idea of data exclusivity. Certainly had my alarm bells ringing, as I’m sure it did for many of you tracking this space. I spoke immediately with that tireless crusader and one man army that goes by the name of

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Microsoft awarded Punitive Damages in Software Piracy Case: Autodesk, Inc. & Another vs Mr. Prashant Deshmukh & Others

(Image taken from here)Facts of the case: Autodesk, Inc. (hereinafter “Plaintiff 1”) is a renowned U.S.-based design software and digital content company, providing design software to professionals, has several authorized resellers in India and also claims to be the owner of various trademarks in India, including AUTODESK and AutoCAD. Microsoft Corporation, (hereinafter “Plaintiff 2”) owns software such as Microsoft Windows and Microsoft Office and is almost a household name regarding computer peripherals. It also has a subsidiary company in New

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P-PIL: Call for Applications

P-PIL (Promoting Public Interest Lawyering) was recently formed to further the cause of public interest through the instrumentality of law in India. It aims to create synergies between law schools, the legal profession and various other stakeholders to leverage their respective talents and resources in order to achieve shared public interest goals. P-PIL has featured on this blog in the recent past in connection with three IP matters. 1. It began its tryst with public interest law by co-ordinating and

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Parallel Imports, Exports and Access to Education: A Numbers Game

Show me the numbers, screamed an angry colleague of mine, sympathetic to the claims of book publishers. This altercation took place in the wake of a Mint opinion piece that I had authored arguing that a proviso to section 2(m) legalising parallel imports was laudable and in the interests of consumers, particularly students. I argued that the publisher objection to this proposed amendment was nothing more than a protectionist scream and that the onus was on them to demonstrate why

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Breaking News: Supreme Court Stays Copyright Board Order

SpicyIP just learnt that the Supreme Court stayed the controversial copyright board compulsory licensing order! A bench comprising of Justice Altamas Kabir and Justice Cyriac Joseph stayed the order this afternoon. PPL had appealed against the order of the copyright board fixing royalties to be paid by radio stations at 2%. The matter was listed for admission today and after hearing counsels, the Supreme Court issued the stay. It is not clear whether the Supreme Court admitted the matter before

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‘Soundbox’ carries interview with Javed Akhtar on the story behind the Copyright Amendment Bill, 2010

Soundbox, a trade magazine focussing on the Indian music industry, has carried a brilliant, detailed interview of noted lyricist Mr. Javed Akhtar by Aparna Joshi. Mr. Akhtar is widely regarded as the one man army pushing for the amendments to the Copyright Act, 1957. The entire issue of Soundbox is available on our website over here. Image from here. In his interview Mr. Akhtar details the genesis of his motivation to push so hard for the amendment bill. It all

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Parliament’s ambtitious, yet unfulfilled, IP agenda for the Budget Session, 2011

Subsequent to Shamnad’s post on shortened Parliament session and IP Bills I briefly browsed through Parliament to compile a list of legislations and rules, impacting innovation and intellectual property in India, which were scheduled to be debated by Parliament this session. The list can be found on the Parliament website over here. These laws are as follows: (i) The Commercial Division of High Courts Bill, 2009 – This Bill proposes the creation of original jurisdiction amongst all High Courts in

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