Guest Post: Waxing Lyrical on Royalties – An Analysis of the Author-Centric Amendments Proposed to the Indian Copyright Act

/ By / Copyright

I’m pleased to bring to you yet another fascinating guest post from Nikhil Krishnamurthy, Senior Partner of Krishnamurthy & Co. on the proposed author-centric amendments proposed to the Copyright Act, 1957. To provide a very brief background to Nikhil’s post I refer you to one of our earlier posts outlining the clash between Aamir Khan and Javed Akhtar on the importance or lack therefore of lyricists to the sucess of a movie. WAXING LYRICAL ON ROYALTIES – AN ANALYSIS OF […]

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Delhi High Court rules on ‘deemed abandonments’ by the Patent Office under Section 21

/ By / Uncategorized

The Delhi High Court while disposing a writ petition in the recent case of Telefonaltiebolaget LM Ericsson v. Union of India once again reminded the Patent Office the true scope and impact of ‘deemed abandonments’ under Section 21 of the Patents Act, 1970. Section 21 of the Patents Act is a deeming provision which deems a patent application to be abandoned if in case a patent applicant does not respond to a Patent Office request within the prescribed time period.

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Spicy IP Tidbit: US Court rules that all non-US copyright owners must register their Copyright

/ By / Copyright

Some useful information for all non-US copyright holders who may need to file a suit in the US for copyright infringement: An article on Mondaq by James Trigg and Harris W. Henderson, points out an interesting decision [Elsevier B.V. v. UnitedHealth Group, Inc., No, 9 Civ. 2124 (S.D.N.Y. January, 14, 2010)] by the Southern District Court of New York which affects all non-US copyright holders.In brief, the article points out that the court essentially held that certain formality-requiring provisions of

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Guest Post: Protection of Folklore

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We bring to our readers a guest post by Shyama Kuriakose, a Masters Student at the NALSAR, Hyderabad. She has extensively worked on matters relating to intellectual property law and environmental law during her internships with civil society organisations, lawyers and law firms. “You cannot really know where you are going until you know where you have been.” The ancient civilizations of the world, with their contributions in the field of arts, literature, science, etc have led to the present

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Guest Post: Commercial Disparagement: Call for a Cost-Benefit Analysis?

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We bring you a guest post by Kartik Khanna a very promising student of the second year of NUJS, Kolkata. He is presently a member of the NUJS Moot Court Society and has also won the 2009 National Law School International Arbitration Moot Court Competition. Rin’s latest advertisement, placing itself to be a better bet than Tide is anything but squeaky clean (pun intended). Having done so, the ugly head of commercial disparagement has been reared again. P & G,

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Guest Post: Note on the Proposed Amendments to the Indian Copyright Act: Technological Protection in Measures/ Digital Rights Management

/ By / Uncategorized

We are glad to bring to our readers a fresh perspective by Amlan Mohanty, a second year student of the National Law School of India University, Bangalore. He has previously published on the blog of the Centre of Internet and Society and variously on current intellectual property and technology law issues. Just when we thought we had heard the last of DRM (Digital Rights Management) the government of India, with its recent press release on the proposed amendments to the

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Peer-To-Patent Australia Commences Second Phase

/ By / Uncategorized

Peer-to-Patent Australia (see here and here) is a joint initiative of the Queensland University of Technology (QUT) and IP Australia’s patent office, and is designed to improve the patent examination process and the quality of issued patents by encouraging members of the public to assist the patent office locate prior art relevant  to pending patent applications.After making a promising start in December 2009, the project has now entered its second phase bringing a new set of patent applications to be

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SpicyIP Tidbits: Bollywood survives TM attempts in US & Germany

/ By / Trademark

Today’s tidbit is specially for Hindi film buffs, and will be of particular interest to those who, like myself, have strong views on references to the “Bollywood” film industry. Happiness in USA! SpicyIP reader Shivani Kochhar draws our attention to a recent decision of the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trade Mark Office, which refused to allow an application for the mark THE BOLLYWOOD REPORTER for entertainment-related publications. You can download and read

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Indian IP Policy Formulation: From Confusion to Coherence

/ By / Patent

We reported earlier on the promising appointment of V Bhaskar, a distinguished civil servant to the Department of Industrial Policy and Promotion (DIPP), the nodal agency for all matters relating to IP in India. We hoped that the government would consolidate all IP related functions (that had hitherto been dispersed amongst several IP officials) under the charge of Mr Bhaskar. It now turns out that our hope indeed came to pass and Bhaskar has been vested with the enviable task

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Hollywood, Bollywood tying up to fight piracy

/ By / Copyright

There are reports that Hollywood and Bollywood are launching a joint initiative against piracy in India. The MPAA on behalf of Hollywood, and seven Indian companies have decided to join together to fight counterfeiting of film copyrights. Indeed, with one of the largest movie industries in the world, there is certainly a large problem of copyright infringement, with nearly all released movies being made available illegally. While its applaudable that they are striving harder to recognize and protect copyrights, this

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