Copyright

TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part II


In the first part of this post, I analyzed TRAI’s power under Section 11 and concluded that it can regulate the pricing of TV channels under the Impugned Order. In this part of the post, I will try to resolve the apparent conflict between the Impugned Order and the copyright act (the Act). But, first things first: can delegated legislation be held invalid for being contrary to another statute? Delegated legislation vs. Statute Ideally, a delegated legislation will be rendered invalid…


Read More »
Copyright

TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part I


On 10th October 2016, the Telecom Regulatory Authority of India (TRAI) released a draft broadcasting tariff order (the Order) which is sought to be brought into effect by 1st April 2017. The Order Inter alia seeks to fix a ceiling on the maximum retail price (MRP) on TV channels. Star India Pvt. Ltd. (Star India) challenged the Order before the Madras High Court on grounds that it stands in conflict with the Copyright Act, 1957. On 23rd December, the Court…


Read More »
Trademark

Why Arnab Goswami’s Trademark Application for ‘Republic’ Appears to be on a Secure Legal Footing


As our readers may be aware, Subramanian Swamy recently wrote a letter to the Union Ministry of Information and Broadcasting, arguing that Arnab Goswami’s use of the word ‘Republic’ as the title of his new show is proscribed by the Emblems and Names (Prohibition of Improper Use) Act of 1950 (“The Act”). Republic made its social media debut with the launch of a Twitter handle and Facebook page on the 7th of January and is also in the process of…


Read More »
Competition Law Drug Regulation

Poorly Drafted Regulatory Laws are Becoming the New Barrier for Indians to Access More Affordable Biotech Products


In highly regulated industries like pharmaceuticals and biotechnology, where all market players are required to prove the safety and efficacy of their products to government regulators, the lack of an efficient regulatory mechanism can act as a substantial hurdle to competition and greater accessibility. In such cases, poor regulation provides IP owners a window to further delay competition even after their patent rights expire. To facilitate better competition in these sectors, it is necessary for governments to create new regulatory…


Read More »
Others

SpicyIP Weekly Review (January 22-28)


The thematic highlight for the week is Mr. Rajiv’s overview of the legal issues that Qualcomm is facing in various jurisdictions, by virtue of its alleged anti-competetive practices, overpriced licenses and non-compliance with FRAND terms. While discussing four cases in which Qualcomm ran into legal trouble for the above mentioned reasons, he deals with the following broad areas: i. A brief breakdown of Qualcomm’s general manner of functioning. ii. Qualcomm’s Anti-competitive practices. iii. Manner of determining jurisdiction while imposing regulations….


Read More »
Copyright

Del HC Single Bench Refuses Impleadment/Intervention of IRRO & Publishers’ Associations in Remanded DU Photocopy Suit


Earlier this month, in the DU photocopy suit that was remanded to the Single Bench by the Division Bench on certain issues, Justice Endlaw passed an order firmly refusing the applications filed by two publishers’ associations (API and FIP) and IRRO for impleadment and intervention in the suit respectively. He reasoned that the suit had been remanded only for a fact specific determination that concerned the Plaintiff-publishers alone and the applicants had no say in it. Background As our readers…


Read More »
Patent

IPO’s Answer Key of Patent Agent Exam 2016 : More Questions than Answers


We are happy to bring to you a guest post by Dinesh Parmar, who works with Parker & Parker Co. LLP and is one of the candidates who wrote the Patent Agent Exam 2016. In a recent post, we had brought to light the controversy surrounding the credibility of the viva scores awarded to the candidates of this exam and urged those aggrieved to challenge the constitutionality of the viva exam requirement in the court. In this post, Dinesh takes issue…


Read More »
Copyright

Oxford University Students and Others Urge OUP to not Appeal to the Supreme Court in the DU Copyright Case


In a latest development pertaining to the DU photocopy case, a group of 122 students, alumni and academics from Oxford University (OU) sent an open letter to the Delegates of the Oxford University Press (OUP) yesterday, urging them to refrain from filing an appeal to the Supreme Court against the Delhi High Court Division Bench’s judgment dated December 9, 2016. As we’d blogged on here and here, this decision held that the making and distribution of course packs by incorporating copyrighted extracts from…


Read More »
Events Sponsored

SpicyIP Events: ITechLaw International India Conference 2017 in New Delhi


We are happy to announce that ITechLaw is organising the 2017 International India Conference in New Delhi on February 1-3, 2017 at the ITC Maurya. The conference is returning to New Delhi for the first time in more than 8 years and we will have attendees from across India, Europe, the United States, and the broader Asia-Pacific region. About the Conference The conference theme is Future Technologies: Balancing Policy and Regulations to Foster Innovations, and there are more than 40…


Read More »
Events Sponsored

SpicyIP Events: IIPRD Symposium on Software and Electronics Patent Portfolio Development Scenario in India and US


We are pleased to announce that IIPRD & Khurana and Khurana in association with Sughrue Mion PLCC, USA are organising a one-day seminar on Software and Electronics Patent Portfolio with a focus on preliminary preparation, prosecution, and litigation in India and US. The event is being organized on February 23, 2017 at Sun n Sand Hotel, Pune and on February 24, 2017 at Hotel Le Merdian, Opp to Golf Course, Bangalore. Other Eco Partners of the events are Headstart Pune, Pune…


Read More »