IPRMENTLAW WEEKLY HIGHLIGHTS (AUGUST 15-21)

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Delhi High Court allows release of Shamshera movie on OTT subject to deposit of Rs. 1 crore with registry

The Delhi High Court allowed the Yash Raj Films Private Limited to release the movie Shamshera on OTT Platforms on August 19, 2022 after depositing Rs. 1 crore with the court registry.

The Court further held that failure on the part of the producers to deposit the amount by August 22, will lead to an injunction against further telecast of the movie from the very next day.

The order comes in the light of the copyright infringement suit filed by Bikramjeet Singh Bhullar against YRF on the grounds that the movie is based on his literary work, ‘Kabu na chhadein khet’.

The order of the Court dated August 18, 2022 can be referred here.

Viacom18 files FIR over piracy of the movie ‘Laal Singh Chaddha’

Viacom18 filed a FIR at a Bangalore Police Station against a suspect who was arrested for indulging in piracy of the movie, Laal Singh Chaddha. Viacom18 received a tip from Cinepolis, Orion Mall, Bangalore against the accused.

During the investigation, the police discovered incriminating evidence showing the possibility of an organised crime syndicate operating to illegally upload and distribute the film and other pirated content.

It was also discovered that the accused may involved in a larger piracy circuit with websites such as Tamilrockers and Primerockers, websites notorius for uploading and illegally uploading pirated content.

Kerala High Court observes Right to be Forgotten may not be an absolute right

The Kerala High Court observed that Right to be Forgotten might not be claimed as an unfettered right, especially in cases when the details of the litigants, published on online websites such as Indian Kanoon.

The observation comes in the light of the pleas filed by litigants who sought deletion of their personal information which appeared on Google search engine and on online portals such as Indian Kanoon despite them being acquitted in those cases.

Delhi High Court grants time to the Central Government to reveal plans to regulate the de-platforming of social media users

The Delhi High Court, while hearing batch of petitions from users concerned about the suspension and deletion of their social media accounts, granted time to the Central Government to inform if they were drafting any regulations to govern the de-platforming of users from social media. The Government’s counsel sought time to seek instructions regarding this matter. The Government acknowledged the rights of the users and stated that taking down of the accounts would be considered against the spirit of Articles 14, 19 and 21.

Economic Advisory Council’s report suggest that India’s patent system is affected by labor shortage and complex compliances

The report of the Economic Advisory Council to the Prime Minister has concluded that the delay in addressing concerns over the patent and trademark system in India is mainly due to labour shortage and complex compliance requirements. The report further suggests that India has seen a significant rise in the number of patents filed and granted, however, the number is much lower when compared to countries like US and China.

I&B ministry blocks YouTube, social media channels under IT Rules

The ministry of information and broadcasting issued orders to block eight YouTube news channels, one Facebook account, and two Facebook posts under the IT (Information Technology) Rules, 2021. The blocked YouTube channels had a cumulative viewership of over 114 crore and were subscribed by over 85 lakh users, the ministry said in a statement.

 INTERNATIONAL

US popstar Mariah Carey gets embroiled in a trademark dispute

The US singer and pop sensation, Mariah Carey, has been involved in a trademark dispute for attempting to register the term, “Queen of Christmas” as trademark for exclusive use. The application shows that she has sought for registration of the trademark to use it on products ranging from music to perfume to sunglasses and coconut milk. This attempt has been opposed by other US holiday singers who have spent decades spreading goodwill at Christmas times.

Chanel is aiming to register the to register the shape of its No. 5 fragrance bottle as a trademark

Popular luxury fragrance brand, Chanel, is seeking to register the shape of the bottle of its No. 5 fragrance as a trademark in US, after roughly 100 years of its release. The application for registration has been objected on the grounds that the shape is not inherently distinctive and incapable of creating a commercial impression because Chanel has no distinctive accompanying words with the rectangular shaped perfume bottle container.

 

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