Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

I’m pretty certain that most people with Facebook accounts in India have seen the Prime Minister’s post on his Facebook page wishing people for Dhanteras on October 21, 2014. While the photograph was visually striking, it appears that someone who knew the photographer tagged him on the post since he didn’t know that his photograph was being used.

The Competition Commission of India (“CCI”) entrusted with the job of maintaining healthy competition and curbing abuse of monopoly in the market place was tasked with examining the actions of Super Cassettes Industries (“T Series”). The Informant/Complainant in this matter was HT Media Limited which runs Fever 104 FM a radio station and T Series is music label from whom they were licensing music. (For more on copyright and Licensing Music click here).

Magic tricks don’t cease to surprise and most often, they leave us befuddled with a lot of questions. But if we knew how the trick was performed, would we be as amused? Probably not. And that’s exactly why the magicians’ community thinks it is important to protect their tricks under the law. This is where intellectual property comes into play and the question is which branch of IP will protect magic tricks. In this article, I will discuss the patentability (if at all patentable),…

In my previous article on character merchandising, I mentioned that all of us have at some point been guilty of buying merchandise of our favorite characters but how many times do we stop to think if it’s actually being licensed from the creators of the work or whether they are just rip offs? Not very often. The point here is that we love the character and are so thankful that the creators came up with it, but when it comes to their revenue, we don’t really give it too much thought because it…

Recently, I came across an exclusive store for Chota Bheem merchandise in Chennai that had every product (towels, bags, footwear and more) one could possibly imagine and I’m sure every child who walked into that store hasn’t left without throwing a tantrum to own one of those products! That really got me thinking of how character merchandising has been a fast growing market in India in the last few years. We’ve all been fans of cartoons and fictional characters at some point in our life and…

Copyright in any literary, artistic, dramatic or cinematographic work comes into effect when the work is created. So if one takes a photograph or paints a picture, for all purposes the copyright begins from the time the work is created irrespective of its artistic quality. One can scribble on a paper and have copyright over that work! Would that person have any objection if someone else used their work on a social media platform or a blog they wrote? That’s where the law comes into play. In…

As discussed in an earlier post, it is mandatory for owners of establishments to obtain copyright licenses in order to play music on their premises. In this way the law seeks to regulate the issuance of such licenses through creation of Copyright Societies under Section 33 of the Act, thereby making it easier for people to get the required licenses. However, there is also a provision under Section 30 by which copyright owners can grant licenses on their own or through duly authorized agents.…

A recent study conducted by ‘We Are Social’ found that despite these slow speeds, Internet users in India spend almost 5 hours on the net every day, with 40% of that time spent on social media. Going by these statistics, Indian users roughly spend about 2 hours on social media and which platform they use will probably differ based of age, profession and purpose for use. So those of us who fit this description and spend most of those 2 hours on Facebook, would have come across several internet…

There has been a lot of brouhaha over the recent judgment of the Delhi High Court, where the Court has ordered ISPs to block websites that were illegally broadcasting the FIFA World Cup in a suit filed by Multi Screen Media (MSM) Satellite claiming exclusive broadcasting rights. The initial judgment contained 472 websites, however, an order passed on July 1st named 219 websites in furtherance of an application made one of the Defendants.

You’ve probably come across that Shakespearean quote several times in your life. Shakespeare is one of those people that everyone knows of because you just ought to (to seem knowledgeable during small talk at the very least). What you may not know in the context of Copyright is that none of his works were protected under the law of Copyright (probably why my school staged his plays for several years without worrying about rights). The Statute of Anne which was the Act which brought in copyright…