1. Indian Performing Rights Society Re-registered as Copyright Society: In a welcome development, the IPRS was re-registered as Copyright Society by the Registrar of Copyrights on November 28, 2017. The re-registration followed the unending turf wars between authors and music labels over the control of copyright societies as well as the requirement introduced by the Copyright (Amendment) Act, 2012 to re-register all copyright societies with the Registrar of Copyrights. Earlier this year, in another significant development, the IPRS management was revamped with Mr. Javed Akhtar, noted poet and lyricist, being appointed as the Chairman and Mr. Achille Forler, a copyright administrator, being brought in as a Permanent Advisor to the Board.
IPRS Gets Re-registered as a Copyright Society – Akhtar & Saregama Bury the Hatchet
2. West Bengal Granted GI Tag for ‘Banglar Rasogolla’: West Bengal was granted the GI tag for the ‘Banglar Rasogolla’ on November 14, 2017, two years after the West Bengal State Food Processing and Horticulture Development Corporation Limited (WSFPHDCL) applied for the same, citing interests of “entrepreneurs and artesian in sweet making industry of the state“. The grant of the GI tag immediately set off heated debates, including on the locus standi of the WSFPHDCL to make the GI application.
3. Taj Mahal Palace Hotel Became the First Building to Receive Trademark in India: The Indian Hotels Company Limited (IHCL) obtained a trademark or an image mark for the Taj Mahal Palace Hotel on June 19, 2017, making it the first building in India to be accorded such status. The trademark was registered for the image of the sea-facing facade of the Taj Mahal Palace and Tower Wing Exterior – for “services providing food and drink; temporary accommodation” giving it trade dress protection and identification of source. However, the grant of rights raised issues of domestic heritage rights and interplay of the same with copyright law.
Taj Mahal Palace Hotel First Building to Receive Trademark in India
4. Screenwriters Rights Association of India Applied for Registration as a Copyright Society : The Screenwriters Rights Association of India applied to the Registrar of Copyrights for registration as a copyright society under Section 33 of the Copyright Act, 1957. Following the application, public comments and objections to the application were invited by the Copyright Office.
Screenwriters Rights Association of India Applies for Registration as a Copyright Society
5. Justice (Retd.) Manmohan Singh Proposed to Be Appointment as IPAB Chairman: Justice (Retd.)Manmohan Singh, formerly of the Delhi High Court, was proposed to be appointed as the IPAB Chairman following the retirement of Justice (Retd.) K.N. Basha from the post on May 13, 2016. The proposal came in the aftermath of the post remaining vacant for more than a year. Despite the proposed appointment of the Chairman, the other vacancies in the IPAB are yet to be filled.
6. Asst. Registrar Filed Criminal Complaint(s) against False Representation of Marks as ‘Registered’: In October 2017, the Assistant Registrar of Trademarks, Chennai filed criminal complaints under s. 115(1) of Trademarks Act, 1999, for false representation of registration and non-registration of the represented marks against four different proprietors over two common trademarks — Kidsfun and Tofo — before the JMFC, Telangana. This marked a rare instance of recourse being taken to criminal remedies provided under trademark law.
Asst. Registrar Files Criminal Complaint(s) against False Representation of Marks as ‘Registered’
7. OUP and Other Publishers Withdrew Copyright Infringement Suit against Delhi University and Photocopier (DU photocopy case) : In a stunning development, OUP, CUP and Taylor & Francis withdrew the copyright infringement suit filed against the Delhi University and Rameshwari photocopy shop in 2012 for creation and distribution of course packs containing excerpts from their copyrighted books. The withdrawal marked the end of the most hotly contested IP battles ever, pitting as it did multinational publishers against academics and students. Post withdrawal, the Indian Reprographic Rights Organisation (IRRO) had filed a Special Leave Petition before the Supreme Court challenging the judgment passed by the Division Bench of the Delhi High Court on December 9, 2016. The court, however, refused to admit the appeal given that the original suit filed before the Delhi high court had been withdrawn by the publishers and IRRO was merely an intervenor in the lower court proceedings.
8. Enforcement Directorate Raided Top Music Companies In Relation to Misappropriation of Artists’ Royalties: Enforcement Directorate conducted searches in the premises of five music companies, including YRF Music, Saregama, T-Series, Sony and Universal Music in connection with allegations of misappropriation of artists’ royalties.
9. Kerala Police Embarked on a Massive Anti-Piracy Drive: The Anti-Piracy Cell of the Kerala police carried out a series of anti-piracy drives across the state, with one of the crackdowns resulting in the arrest of two mobile phone traders and seizure of pirated copies of certain Malayalam movies.
Kerala Police at it Again: Embarks on a Massive Anti-Piracy Drive
10. India ranked 43rd among 45 countries on the GIPC International IP Index 2017 and 60th among 127 countries on the Global Innovation Index 2017: Keeping in line with the experience of previous years, India was ranked 43rd out of 45 countries featuring on the international IP Index released by the Global Intellectual Property Centre (GIPC). India fared relatively better in in the Global Innovation Index, a report generated by WIPO, Cornell University and INSEAD that attempts to measure and rank the innovation capacity and potential of participant countries, where India was ranked 60th out of 127 countries. The saving grace was that India was identified as the leader in the Central and Southern Asia Region.