Copyrights

Creating a Work? Know if you are indeed the Owner of the Copyright

Owner of the Copyright Let me cut to the chase than going about as to what is Copyright (of course, more on the fundamentals of Copyright and the Indian Copyright Act can be found here). Copyright is quite a complicated IP right and the determination of who the author and owner of work become…


Indian IP office notifications relating to the extension of deadlines at the time of COVID-19

Notifications by the Indian Intellectual Property Office during COVID-19 The paranoia around the COVID-19 continues to etch the air with causalities, while the citizens and the government continue to strive to put their best foot forward to ensure maximum safety and avoid anarchy. With this, we…


Subtitle - Another Movie?

A million droplets make an ocean, similarly a small judgement/order makes a great precedent. This order by the Hon’ble Bombay High Court, delivered on 28th September, 2019 pertaining to subtitles in movies, is one such droplet that will potentially open the floodgate for the entertainment and media…


Intellectual Property Rights & MSME- Bridging the Gap

Recently the Engineering Export Promotion Council Chairman, Ravi Seghal, emphasized on the need for the adoption of Intellectual Property rights to protect  innovative ideas and strategies of Micro, Small and Medium enterprises (MSME’s) in a highly competitive global economy. His observation…


There’s no such thing as a free lunch (or is there?)

Copyright is a unique animal among the various types of intellectual property. Usually, copyright vests in a work as soon as it is created, and registration of a copyright is not mandatory to obtain some form of legal protection. It is this aspect of copyright that gives rise to various types of…


The rewards of the commons – the Creative Commons licenses

The word “copyright” is a legal term which has become entrenched in everyday conversation because of its ubiquity and widespread use. Copyleft, on the other hand, is a more obscure term which refers to a particular type of copyright license. Broadly speaking, copyleft is a form of copyright…


The battle of the ‘JABARDASTH’ vs ‘BAND BAJA BAARAAT’

On July 8, 2019 The Delhi High Court decided that a copyright infringement occurs when there is no ‘Originality’ under Section 13(3)(a) and Section 2(d) of the Copyright Act, 1957. This is an essential feature for any right claiming copyright infringement, and was missing in the subject matter…


A Guide to registration of Copyrights- Cinematograph Films

The objective of this guide is to lay down comprehensive and definitive guidelines for examination and registration of works falling under the category of cinematograph film. Firstly, before laying down the procedure for registration of cinematograph films we need to understand as to what…


Statutory Licenses And Internet Broadcasting

In a recent judgement, the Bombay High Court had clarified an issue of copyright law that is likely to have an immediate impact on the rise in popularity of music streaming services. Justice Kathawalla, in his order in Tips Industries Ltd. vs. Wynk Music Ltd. & Anr., had categorically rejected…


Groundless/Baseless legal threat of infringement of trademarks in India

The Indian Trademark Law grant exclusive rights to the trademark owner. The exclusivity here indicates that the trademark owner has the liberty to utilize his/her trademarks without any external interferences. The Indian Trademark Laws grants bundle of rights to the trademark holders and the rights…