Editorial Staff
A breakthrough for Indian Copyright Law
The Delhi High Court on the 16th of September, 2016 pronounced a landmark verdict in the case of The Chancellor, Masters & Scholars of The University of Oxford & ors. Vs. Rameshwari Photocopy Services & Anr that is likely to bring about a far-flung impact on the copyright laws in India…
“Viewing pirated videos/films will not land you in jail” – Setting A wrong precedent?
The buzz about legality of watching pirated movies on blocked websites has been doing the rounds for a while. The Bombay High Court in Eros International Media Limited v. Bharat Sanchar Nigam Limited, pronounced that “mere viewing of blocked websites and its content (the pirated movie) is not an…
Indian Judiciary takes a stand on the concept of Trade Dress
Trade dress relates to the visual or other appearance of a product that may withal include its packaging, combination of colours, textures, graphics, shape which could be registered and protected from being exploited by competitors in connection to their business and service. The purpose of trade…
Online broadcasting now within the purview of the Copyright Act
Broadcasting rights and its statutory licensing under the Copyright Act is dealt under the provisions of Section 31D, inserted by virtue of the 2012 Amendment. Section 31D allows “Any broadcasting organization desirous of communicating to the public by way of a broadcast or by way of performance of…
Version Recordings and Indian legislation
Version Recordings as defined by Justice Mukul Mudgal are such sound recordings which being inspired by the original melody, are a distinct interpretation in presentation, rhythm and orchestral arrangement. In India, a nation that flourishes with Bollywood motion pictures as well as music, the…
No statutory protection for famous marks in terms of domain names
In the present era of widespread use of internet and domain names, the Bombay High Court recently pronounced a crucial judgement in the case of Raymond Ltd vs. Raymond Pharmaceutical Pvt Ltd, wherein it quoted: “The overall scheme of the Trade-marks Act does not provide for any statutory protection…
The Intellectual Property Games – RIO 2016
The Olympics Games Rio 2016 officially concluded over a week ago yet the controversies it propagated are still in action. The US Olympic Committee claimed that non-sponsors could not tweet about the Olympic Games in Rio and in furtherance sent warning letters to numerous businesses tweeting with…
Recent developments at the Indian Trademarks Office and the road ahead
“Change is the only constant” and mid-way through 2016, we have witnessed some drastic changes brought about in the IP management and regime in India, starting with the bulk abandonment of 1,66,771 trademark applications in March 2016, to the stay order by the Delhi High Court, to the default…
Recognition of Performers' Rights by the Indian Courts
The Copyright Act, 1957 was amended and came into effect on June 21, 2012. One of the major amendments that it brought along with it is with respect to Performers' right in India. Chapter VIII of the Copyright (Amendment) Act, 2012 is now in consonance with Article 14 of the TRIPS agreement as well…
Software and Indian Patent Law, a good combination?
Intellectual property is known to be a fundamental pillar for the innovation of technology. Indeed, by granting protection to inventions, this law enhances investments in research and contributes to the increase of innovation. Nowadays, it must be noticed that innovation is not only in the…