Others

SpicyIP Weekly Review (February 11 – 17)


We’ve had a busy week at the blog this week, with several guest contributors and interesting discussions on our comments threads too. The week’s thematic highlight is Mathews three-part post analyzing Section 31D of the Copyright Act, and criticizing the order of the Punjab and Haryana High Court in ordering the Registrar of Copyrights to exercise power under Section 31D. The first part of the post notes that the IPAB is supposed to function as an independent tribunal, which is…


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Patent

Patent Working PIL (Update): Court Clarifies Patent “Licensing” Confidentiality and Suggests Form 27 Reform


(This post has been co-authored with Prof. Shamnad Basheer)  Last week, we brought to you news of yet another well reasoned and lucid order from a Division Bench of the Delhi High Court (comprising Acting Chief Justice Gita Mittal and Justice Hari Shankar) in our Patent Working PIL (see here and here). This order (dated February 7, 2018) is now available on the Delhi High Court website here. The order again reiterates the importance of the patent working disclosure requirement…


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Events

SpicyIP Events: 7th Annual IP Teaching Workshop, 2018 [NLU Delhi, March 24]


  We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC) in association with National Academy of Law Teaching is organising the 7th Annual IP Teaching Workshop 2018 at National Law University, Delhi (NLUD) on March 24, 2018. The last date for submission of applications is March 1, 2018. For further details, please read the post below.   7th Annual IP Teaching Workshop- 2018 March 24, 2018 National Law University Delhi (NLUD) The VII Annual IP Teaching Workshop- 2018 is being organised by…


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Events

SpicyIP Events: Conference on ‘Back to Basics: The Role of Property in the IP System’ [NLU Delhi, March 22-23]


                          We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University Delhi and the Centre for Protection of Intellectual Property (CPIP) at George Mason University, Washington D.C. are organising a conference titled: “Back to Basics: The Role of Property in the IP System” on March 22-23, 2018 at National Law University Delhi. The last date for registration is February 28,…


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Copyright

And Now, ISRA’s Sanjay Tandon Accuses Us at SpicyIP of Being in the Pockets of Big Music Companies


We received a comment a few days ago on one of my earlier posts, from Sanjay Tandon who claims to be CEO, Co-Founder, Managing Director etc. etc. of the Indian Singers Rights Association (ISRA). I reproduce the comment below: “As expected Spicy IP prefers to be hands in gloves with the Rich Music Companies and not with Artists… giving always a one-sided story… It was prompt to report this… but did not have the courtesy to report on the DISMISSAL…


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Copyright

DishTV vs. TVAddons: A Prognosis of Achievable Outcomes – Part II


In the Part I of this two-part guest post, Himanshu had given a brief background about the parties involved and the subject-matter of the case followed by the discussion on the prima facie validity of the possible defenses taken by Defendant no.1, ZemTV. In Part II of the post below, he analyses the case further. DISHTV vs. TVAddons: A Prognosis of Achievable Outcomes – Part II Himanshu Arora TVADDONS.ORG – Indirect copyright infringement – TVaddons has been alleged to be…


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Copyright

DishTV vs. TVAddons: A Prognosis of Achievable Outcomes – Part I


We are pleased to bring to you a two-part guest post by Himanshu Arora. Himanshu is an IP lawyer practicing at the High Courts of Delhi and Punjab & Haryana and the District Courts at Amritsar. In this two-part post he analyses the possible outcomes in an ongoing copyright dispute in the US between DishTV on one hand and ZemTV and TVAddons on the other. In Part III of the post he’ll will be analysing this dispute under the Indian law….


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Copyright

Delhi High Court on Interim Licence under Section 31D of Copyright Act, 1957


[I had covered the developments here and here.] As stated earlier, Saregama India Ltd and Super Casettes Industries Pvt Ltd, before the Delhi High Court, challenged the order dated 10.04.2017 passed by the Deputy Registrar of Copyrights, granting an interim statutory license under Section 31D(1) of the Copyright Act, 1957 in favour of M/S Kuku & Koyal Internet Pvt. Ltd. The Saregama India Ltd was represented by Mr. Rajiv Nayar, Mr. Saikrishna Rajagopal, Mr. Siddharth Chopra and Mr. Munish Mehra….


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Innovation Others Patent

And the Wind Invented the Windmill


We are pleased to bring to you a guest post by Achille Forler, Advisor to the Indian Performing Right Society (IPRS). After graduating in Graphic Arts, Achille studied Indian Culture (M.A.) and Sanskrit (Ph.D.). He has 35 years of experience in the creative industries. Founder-director of a cultural centre in the 1980s, he was Attaché for Cultural Industries in the French Ministry of Foreign Affairs (1990-94). He co-organised the first Asia-Europe Symposium on Cultural Industries, November 1995 in Goa. Achille…


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Copyright

When Settled Canons of Law and Law of Precedents Go for a Toss: Issue of Interim Licence under Section 31D of Copyright Act, 1957 by Registrar of Copyrights – Part II


In this post, I shall chronologically set out the updates pertaining to Section 31D: I. In Inderjit Singh & Anr v/s Union of India & ors [CWP- 21945/2016], the Punjab & Haryana High Court had vide order dated 21st October 2016 directed as follows: “the Registrar of Copyright Office-respondent No.3 is directed that if the petitioners approach him by moving an appropriate representation within a period of four weeks from today, he shall consider and decide the same at an…


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