Analysis of Jan Vishwas (Amendment of Provisions) Act, 2023 – An IPR Perspective
September 9, 2024Intellectual Property Rights,Trademarks,Patents,Copyrights,Weekly (IP)DATE,Indiaipr,2024,Intellectual Property Rights,Jan Vishwas (Amendment of Provisions) Act,2023,Amendment,Decriminalisation
The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws among others, primarily aims to decriminalise the provisions – aiming to shift from punitive measures like imprisonment to more lenient penalties such as fines and pecuniary penalties.
Publication of the Cinematograph (Certification) Rules,2024
June 4, 2024Intellectual Property Rights,Copyrights,Weekly (IP)DATE,Indiaintellectual property,ipr,cinematograph act,Minstry of Information and Bradcasting,Cinematograph (Certification) Rules,2024,1983,key amendments
The Ministry of Information and Broadcasting vide notification dated March 15, 2024 has introduced the Cinematograph (Certification) Rules, 2024, (hereinafter “new Rules”) in order to amend the Cinematograph (Certification) Rules, 1983 (hereinafter “old Rules”). The new Rules aim to provide clarity and coherence in the certification process and hold significant implications for filmmakers, distributors, and audiences as well as align with contemporary standards and societal values.
Copyright Societies directed to refrain from collecting royalties for musical performances and sound recordings during marriage functions
July 27, 2023CopyrightsCopyright Societies,Royalties
The Copyright & Design Section operating under the Department of Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, Government of India by Public Notice dated July 24, 2023 has addressed concerns surrounding the alleged collection of royalties by Copyright Societies for musical performances and sound recordings during marriage functions.
India: Losing rank in ease of Piracy
December 21, 2022Intellectual Property Rights,CopyrightsCopyright Infringement,software piracy
Indian business owners are constantly worried about the Ease of doing business, but yet they were not aware of one ranking where the country was in the top 10 places once. It is the Ease of doing Piracy. Twenty years back computer and computing services were very rare thing that was used only for exceptional activities, but now it has become a necessity for everything. When computers started to become the norm for every business in the first decade of the 21st century, businesses had to incur a…
Delhi High Court Rules in Favour of Microsoft Corporation in 12-Year Copyright Infringement Case, Grants Permanent Injunction and Awards Damages
December 20, 2022Intellectual Property Rights,CopyrightsPiracy,Copyright Infringement,Damages,Software
Microsoft discovered that the defendants were illegally using its software products, including Microsoft Windows, Microsoft Office, and Windows Server. Upon investigation, it was found that the defendants had 130 computer systems, most of which had Microsoft's software installed on them, but the licenses held by the defendants did not match their usage. This indicated that the defendants were engaging in the unlicensed use of Microsoft's software products. Despite repeated requests from…
Pre-Litigation mediation in Intellectual Property matters in India
November 15, 2022Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,IndiaCommercial Disputes,Mediation
The Court held that in an intellectual property case, where the matter affects not only the disputants but also the consumers and the plaintiff has already exhausted all possible recourses to amicably resolve the matter, then the plaintiff’s application seeking exemption from instituting pre-litigation mediation proceedings in accordance with section 12-A of the Act can be allowed. Thus, it can be said that in intellectual property cases, such reliefs are granted by Courts not merely for the…
Pre-Litigation Mediation in Commercial Disputes in India
November 9, 2022Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,Indiaintellectual property,Commercial Disputes,Mediation
Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties who help the parties to communicate, discuss the differences and resolve the dispute. ADRs are a set of methods that enable individuals and group to maintain cooperation, and social order and provides…
Revisiting Copyright law and Artificial Intelligence – Part 1
July 20, 2021Intellectual Property Rights,Copyrights,IndiaCopyrights,AI,artificial intelligence
Simply put Artificial intelligence (AI) is non biological intelligence. But what is ‘intelligence’? Well, there is no conclusive answer to the definition of ‘intelligence’ and over the years there is no agreement even among AI researchers on the definition of ‘intelligence’. To paint a broad picture, intelligence means the ability to solve complex problems.
Indian Copyright (Amendment) Rules, 2021
April 16, 2021Intellectual Property Rights,Copyrights,IndiaLaw,Copyrights,intellectual property
Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021. The Copyright Rules, 2013 was last amended in the year 2016 subsequent to which, it was done recently.
Renewal of Customs Recordal in India
April 5, 2021Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,Indiacustoms recordal,intellectual property,customs
However, the question remains - why has an option for renewal not been provided? Granted, it would ensure fewer instances where the right would have lapsed, and the protection would continue unbeknownst to the authorities (although the right holder must inform customs authority when his intellectual property ceases to be valid or if he ceases to be the owner of such intellectual property right). In this respect, the lack of an option for renewal enables authorities to properly examine the…