Bappi Lahiri & Bad Faith Litigation

/ By / Copyright

This post will cover the decision of the Court of Appeals for the Ninth Circuit against an attorney representing Bappi Lahiri, for a bad faith and frivolous copyright infringement claim. Anthony Kornarens, a copyright lawyer based out of the United States, represented Bappi Lahiri, in a suit for copyright infringement and his conduct during the course of the suit formed the subject-matter of this case. The Court of Appeals upheld the decision of the district court, severely sanctioning the attorney […]

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Open Source: Who and How Do I Hold Responsible/Liable?

/ By / Uncategorized

Yesterday was an interesting day, interesting because the day threw up a lot of questions, the answers to which I am not sure of (which would mean I have something that resembles an answer), but the very questions have pointed me to another rich area of (potential?) research. I am pretty sure mine may not be the first head in which these questions have popped, yet that doesn’t stop me from relishing the questions or the fact that these questions

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Are communications with Indian ‘Patent Agents’ privileged under the Evidence Act, 1872?

/ By / Patent

‘Client-Attorney’ privilege is one of those sacrosant principles of the common law system which protects the communications between a client and his attorney from disclosure to a third party, regardless of whether the third party is a court of law. In the context of the common law system, ‘client-attorney’ privilege is a significant exception to the rule. The ‘rule’, as such, of the common law system, requires both parties to disclose all possible information to the court so as facilitate

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Trademark Issues of The SMS Hero -"Tintumon"

/ By / Trademark

Commerce Professor: what is the most important source of finance for starting business? Tintumon: “Father in law”. Tintumon, is a character which was created and spread through text messages in mobile phones. This character is portrayed as a small boy who likes to ask embarrassing questions and has a very straightforward thinking. He is quick-witted, mostly inventive, and normally can’t stop himself from commenting on everyday issues. M/s. M.C. Audios & Videos published a Trade Mark Caution Notice in a

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SpicyIP Tidbit: NPPA proposes controlling the price of cancer drugs

/ By / Uncategorized

Soon on the heels of the DIPP’s discussion paper on compulsory licensing, the Business Standard has reported that the National Pharmaceutical Pricing Authority (NPPA) is planning to regulate ‘prohibitively expensive oncology medication’. The BS reports that the NPPA is studying the Drug Price Control Order (DPCO) in order to figure out a way in which it can cover even cancer medication which until now has not been regulated by the DPCO. The NPPA’s efforts appear to be fuelled by concern

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Guest Post: Requiem for a Dream?

/ By / Innovation

Matthews George, our serial guest blogger from NUJS, has sent in this concise summary on an fantastic, albeit slightly dated Business World story on the state of research and development of new drugs in the Indian Pharmaceutical Industry. REQUIEM FOR A DREAM? by, Mathews George From the late 1990s right through mid-2000s, research on a series of drugs progressed successfully from preliminary experiments to phase I / phase II of clinical trials (tests on humans). But somewhere along the road,

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Copyright Band-its and Public Interest: A Tainted Compulsory Licensing Decision?

/ By / Copyright

Tis the season of compulsory licensing. First, we have a proactive DIPP exploring ways to create a more optimal compulsory licensing regime in India. And now we have a quasi judicial body (the copyright board) deciding an actual compulsory licensing dispute..a decision that has been the subject of a crisp and succinct review in this guest post. This copyright board decision pegging compulsory licensing (CL) rates for the broadcast of music at 2% of advertisement revenues earned by radio stations

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Compulsory Licensing of Music: An Analysis of the Copyright Board Decision

/ By / Copyright

We bring you a detailed analysis of the decision in the big ticket copyright compulsory licensing dispute (sound recording companies vs radio stations) by Karthy Nair, a sparkling 4th year student of NUJS. Prashant had already introduced this decision on the blog. The recent judgment of the Copyright Board in Music Broadcast Pvt. Ltd vs. Phonographic Performance Ltd seems to suggest that the Buggles may have been a tad too hasty in predicting the untimely demise of the radio. In

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Justice Bhat and Controller General Kurian make it to MIP’s list of 50 most influential people in IP

/ By / Others

MIP has come out with its annual list of 50 most influential people in IP throughout the world. According to Managing IP “there are many types of influence that are brought to bear on the IP system:Political, Social, Economic.” On the basis of recommendations and research, Managing IPs journalists in London, Hong Kong, and New York decided the final 50 people among politicians, administrators of IP system, advocates for consumer and patent rights, innovative in-house counsel, out-spoken academics, company bosses

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Guest Post: FAQs on India and the Madrid Protocol

/ By / Trademark

Prashant’s excellent post some days ago covered in comprehensive fashion the build-up to the trademark amendment bill 2009, and the poor strategic calls that India may have made in pushing this bill through. Readers may also, in this context, recall a previous, equally insightful guest post on the challenges of the amendment bill, and implementation concerns that India ought to have looked at. There’s little point in speculating over lost opportunities, though. And so, instead we have what I like

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