IPRMENTLAW WEEKLY HIGHLIGHTS (APRIL 10-16)

Adipurush – the upcoming movie of Actor Prabhas gets embroiled in plagiarism accusations

Pratik Sanghar, a concept artist, posted on Facebook and accused the team of Adipurush of plagiarism. He accused the visual designer of the movie, TP Vijayan, for copying his designs. Apart from this accusation, the movie creators have also been accused of portraying Lord Ram without the traditional Hindu sacred thread.

Tamil Nadu Governor gives assent to Bill on Prohibition of Online Gaming

Governor, RN Ravi, of Tamil Nadu has given his assent to the Bill on Prohibition of Online Gaming and Regulation of Online Games. The Tamil Nau Assembly had unanimously adopted the bill on March 23, 2023, weeks after the Governor returned it to the government for reconsideration. The Bill has come to light owing to the death of several people in the state due to online gaming.

Controversial stand up comic Kunal Kamra moves Bombay High Court against the IT rules amendment

The stand up comic Kunal Kamra moved the Bombay High Court challenging the recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The amendment provides that the central government’s Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body which is empowered to identify and tag what it considers false or fake online news with respect to any activity of the central government.

Kamra sought a declaration that Rule 3(i)(II)(A),(C) brought in by the amendment is ultra virus section 79 of the Information Technology Act and Article 14 and 19(1)(a), (g) of the Constitution.

Bombay High Court holds that a person alleging breach of confidentiality must produce the confidential information before the Court in a sealed cover

Justice Manish Pitale observed that the High Court cannot verify allegations of breach of confidentiality without perusing the confidential information. Thus, the Plaintiff shall be required to produce confidential information before the Court in a sealed cover for the Court to peruse the information.

The observation comes in the light of the court dealing with a copyright infringement suit against Nirtech Private Limited by Rochem Separation Systems (India) Pvt. Ltd. The Plaintiff accused the Defendant for infringing on its copyright by copying the engineering drawing of connection flanges for wastewater treatment systems to Nirtech.

The order of the Court dated March 30, 2023 can be accessed here.

Delhi High Court restrains 40 rogue websites from illegally streaming content of Netflix, Disney, Universal City Studios

Justice Amit Bansal of the Delhi High Court restrained 40 rogue websites from illegally streaming content of entertainment companies such as Netflix, Disney and Universal City Studios. The Court directed the internet and telecom services providers to ensure compliance of the order by blocking the rogue websites, URLs and IP addresses.

Further, the Court issued directions for the Ministry of Electronics and Information Technology and Department of Telecommunications to ensure that immediate steps are taken and requisite notifications are issued to call upon various internet and telecom service providers registered under them to block the questioned websites.

The order of the Court dated April 11, 2023 can be accessed here.

Government mulling blocking websites transmitting pirated content

Union Information and Broadcasting Secretary has informed that the central government is mulling blocking websites transmitting pirated content. The government is looking for measures to curb piracy and has proposed to make filming of content for piracy as an offence. The government is planning to bring about amendments in the Cinematograph Act.

The Ministry of Information and Broadcasting advises OTT platforms to exercise self-restraint regarding vulgar content

The Ministry of Information and Broadcasting advises the OTT industry to practice self-constraint amidst the growing concerns over vulgar and obscene content. The MIB secretary mentioned that such concerns are due to the government’s soft-touch regulations for the OTT industry.

Kerala High Court bars makers from playing ‘Varaha Roopam’ song of Kantara in theatres

During the pending copyright violation case, a court in Kerala has issued temporary injunction, forbidding the use of a contentious song from the Kannada movie Kantara in theatre, OTT and digital platforms. The Court has cited an initial belief that the song may be in violation of the Copyright Act.

The Court ordered that it is important to give appropriate recognition to Thaikkudam Birdge, a music band and the Mathrubhumi Printing and Publishing Co. who holds copyright for the Navarasam track, which was adopted for the song Varaha Roopam.

Delhi High Court restrains Rajasthan based restaurant from using the mark ‘SADDA PIND’

Justice C. Hari Shankar has permanently restrained a Rajasthan-based restaurant from using the mark ‘SADDA PIND’ which is registered in favour of a famous tourist place in Punjab.

The suit was filed by JDM Heritage Lawns Heritage Private Limited against the Defendant for adopting the impugned mark. Apart from the permanent injunction, the Defendant has been imposed with punitive costs of Rs. 2 lakhs to be deposited in favour of an NGO based in Uttar Pradesh working for underprivileged slum children.

The judgement of the Court dated April 10, 2023 can be accessed here.

Delhi High Court asks Hindustan Unilever to broadcast Domex advertisment after removing Harpic references

The division bench comprising of Justice Vibhu Bakhru and Amit Mahajan upheld the decision of the Single Judge directing Hindustan Unilever Limited to broadcast the Domex advertisement after removing any and all reference to Harpic.

HUL claimed that Domex lasts longer than Harpic and the advertisement shows depiction of truth, thus, cannot be termed as disparagement as claimed by Reckitt.

Madras High Court issues interim ban against Raghava Lawrence’s Rudhran

Madras High Court issued an interim ban against Raghava Lawrence’s ‘Rudhran’ as a popular production house has acquired the Hindi and other language dubbing rights of the movie. The production company has paid INR10 crore to the makers of ‘Rudhran’ for the first phase, while the contract was signed for INR 12 crore 25 lakh rupees.

Rudhran makers have abruptly cancelled the dubbing rights contract with the production house, demanding an additional INR 4 crore 50 lakh. Thus, the release would impact the production house who have filed the suit before the High Court.

Kerala High Court dismisses PIL alleging that the movie ‘Kurup’ violated right to privacy of Sukumara Kurup

The plea filed by an Advocate against the release of Malayalam movie ‘Kurup’ on the ground that it violated the privacy of Sukumara Kurup, a proclaimed offender, was dismissed by the Kerala High Court. The Court observed that although the movie is inspired from the life story of a proclaimed offender. However, it did not indicate the complete life story of that person, nor that the same would affect his right to privacy.

The Court further held that issuance of the certificate by the CBFC further evidenced that the concerned authorities had taken into account all the aspects regarding the movie and found it fit for certification.