IPRMENTLAW WEEKLY HIGHLIGHTS (JUNE 13-19)

  1. India demands IPR waiver on Covid vaccine at WTO’s 12th ministerial conference

At the World Trade Organization’s 12th Ministerial Conference held at New Delhi, India cautioned the developed world that any global deal on the response to the Covid-19 pandemic would be incomplete without a waiver on intellectual property rights for vaccines and other products. Apart from India, other 64 developing member countries want TRIPS waiver to be a part of the response to the virus.

  1. Central Government issues advisory against ads promoting online betting

The Government has issued advisory to the media refraining it from advertising online betting platforms after a number of advertisements of online betting websites/platforms have been appearing in print, electronic, social and online media. The Ministry of Information & Broadcasting advisory is to caution the public about the significant financial and socio-economic risk posed by the betting platforms.

The ministry’s advisory comes in the light of the Advertising Standards Council of India (ASCI) guidelines on advertisements of online gaming which contained specific Do’s and Don’ts’ for print and audio-visual advertisements of online gaming.

  1. Delhi High Court allows for extension of time for filing response to FER for Patent Application

Justice Pratibha M Singh observed that the High Court, while exercising its writ jurisdiction could grant an extension in filing a response to an FER (First Examination Reports), provided that the applicant did not have the intention to abandon its patent application.

The Court further held that the consequence of Applicant being deprives of exclusivity for his invention and the patent being abandoned was quite extreme and thus, such consequence should not be imposed on the applicant for no fault of its own.

The order of the Court dated 31.05.2022 can be accessed here.

  1. Gujarat High Court reiterates the rule of subsistence of Copyright in artwork till death of author and 60 years thereafter

In a suit pertaining to infringement of artwork, Justice AP Thaker held that as per Section 22 of the Copyright Act, 1957, copyright would subsist in the life time of the author and until 60 years from the beginning of the calendar year following the year in which the author dies.

The Court observed that copyright cannot come to an end on a particular date. Thus, the Respondent, a former employee of Plaintiff, had infringed upon the Plaintiff’s copyright by reproducing the work under a different trade name.

The order of the Court dated 09.06.2022 can be accessed here.

  1. Supreme Court allows PUMA to withdraw its Copyright infringement case

The Supreme Court allowed Puma Sports India Pvt Ltd to withdraw its case challenging copyright complaints against it. Puma had filed a petition against the Order passed by the Punjab and Haryana High Court in which Court had refused to quash criminal complaint against it for copyright infringement.

The complaint had been filed by the Phonographic Performance Limited who claimed ownership over the sound recordings which were allegedly being played in a Puma Store in Chandigarh without obtaining a license from them.

  1. NBDSA echoes media trial not permissible in law

The News Broadcasting and Digital Standards Authority (NBDSA) directed Zee News, Zee Hindustan, India TV, Aaj Tak and News18 to take down certain shows/videos being broadcast by them in 2020 which misreported and misrepresented facts pertaining to UAPA accused Umar Khalid.

NBDSA, self-regulatory body of private TV channels being headed by Supreme Court judge A. K. Sikri, in its order mentioned that the news channels had used sensationalized taglines holding Khalid guilty in connection with Delhi riots case.

  1. Bombay High Court restrains SEBAMED from broadcasting disparaging ads

Single Judge bench headed by Justice AK Menon permanently restrained USV Private Limited, owner of SEBAMED soap brand, from broadcasting advertisements, print or electronic, ridiculing or condemning the soap brands LUX, DOVE and PEARS owned by Hindustan Unilever Limited.

The Bench further directed USV to destroy all copies of the advertisements that the company might have been using so far and restrained them from publishing or broadcasting any further derogatory material.

The order of the Court dated 16.06.2022 can be accessed here.

  1. CCI calls for DG investigation against BookMyShow for its exclusive agreements with theatres

The Competition Commission of India (CCI) has called for an investigation against online ticket platform BookMyShow for its exclusive agreements with cinemas and multiplexes. The CCI has expressed concern that these kinds of agreements can potentially reduce the competition in the relevant market.

The action has been initiated in light of the information alleging that BookMyShow along with Cinepolis, INOX, PVR and other theatres were acting in contravention of Sections 3 and 4 of the Competition Act, 2002.

The order of CCI can be accessed here.