Copyrights
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…
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…
Acting in Dual Capacity- Barred by law?
As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate’s firm or Solicitor’s firm to act in its professional capacity for the client. Many times, besides acting as Constituted Attorneys i.e.…
Delusion over Indian Performance Rights Society being a part of Copyright Society
Copyright is a part of the intellectual property which gives an exclusive legal right to the original creator of a work. The copyright law protects the intellectual creations in the work that is original. Earlier the concept of Copyright was limited to books, painting, and films, but now the ambit…