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 would like to inform you that, the Indian government has been meticulous in their work and has always ensured the best for its citizens which is reflected in each of its departments, ministries, and…


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 law sector in India. Introduction A movie is the most classic way to express one’s emotions, feelings and sentiments. Everything is captured in one screen and within a fixed duration of time. A…


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 verbatim, “the Micro, Small and Medium enterprises are important assets to the country’s economy; however, they lose out when it comes to the protection and management of their creation”. As an MSME, it is…


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 copyleft and permissive licenses of copyrighted works, because it gives the creator of a work rights over their work immediately upon creation. We have previously covered the concept of copyleft  as…


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 protection which grants people the ability to modify and distribute copyrighted works (including for commercial purposes), under the stipulation that any such distributions or modifications are also covered…


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 before the court. To decide this, reliance was placed on two other cases- R.G. Anand v. M/s Deluxe Films and Ors., (1978) 4 SCC 118 and MRF limited v. Metro Tyres Limited, CS (COMM) 753/2017. In this…


movie

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 constitutes a cinematograph film. Definitions Section 2(f) gives us the clear meaning of a cinematograph film. A cinematograph film means “any work of visual recording and includes a sound recording…


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 the notion that online streaming services are eligible to be granted statutory licenses for broadcasting under Section 31D of the Copyright Act, 1957 (“the Act”). Background : The Plaintiffs are a…


law-books

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 of every trademark owner includes the right to commence and prosecute a legal action against infringement of his/her rights in a trademark. It is important that the action taken by the trademark…


A brief analysis of the Annual Report 2016-17 of the Indian Intellectual Property Office

The Annual Report 2016-2017, released by the Office of the CGPDTM has provided a detailed report of the recent changes in India’s IP regime. This post is a brief summary of the said report and an analysis of whether the recent changes have contributed in achieving the goal of the National IPR Policy 2016 which is ‘Creative India; Innovative India’. During 2016-17, the total number of applications filed was 3,55,393 (a decrease of 0.37% from that of the previous year). The applications filed for…