IPRMENTLAW Weekly Highlights (November 18 – 24, 2024)

Government releases voluntary codes of conduct and ethics for AI Firms

The government is drafting voluntary codes of conduct and ethics for companies working with AI or generative AI. Developed by the Ministry of Electronics and IT, these guidelines will serve as informal principles for firms building large language models (LLMs) or training AI systems. “A law on AI will take time, but we are engaging stakeholders to create a common framework,” an official stated. The codes, expected early next year, may address training, deployment, commercial use, and measures to prevent misuse of AI platforms.

You can read more about it here.

ANI Takes OpenAI to Delhi High Court Over Alleged Copyright Violations

ANI Media Pvt Ltd has sued OpenAI in the Delhi High Court, alleging unauthorized use of its original news content. ANI claims OpenAI exploited its content in two ways: using it to train large language models (LLMs) and reproducing it verbatim through ChatGPT. The agency also accuses OpenAI of attributing false statements to it, citing concerns about reputation damage and the spread of fake news.

Justice Amit Bansal issued summons, considered ANI’s plea for an interim injunction, and appointed an amicus curiae to address the complex legal issues surrounding AI and copyright. OpenAI has objected to the court’s jurisdiction, arguing it has no servers or operations in India and that ANI’s website was blocked upon request. The matter is listed for hearing in January 2025.

Case Title: ANI Media Pvt Ltd V/s Open AI Inc & Anr

Case Title: ANI Media Pvt Ltd V/s Open AI Inc & Anr

You can read more about it here and here.

Supreme Court to Hear Plea on Pre-Censorship of Films in January, 2025

The Supreme Court has agreed to hear a plea in January concerning pre-censorship of films, raised by actor-director Amol Palekar. The case, originally filed in 2017, challenges provisions of the Cinematograph Act and questions the relevance of pre-censorship in the internet era. The petitioner’s counsel highlighted that the recently amended Cinematograph Act (2023) did not address concerns, particularly regarding the regulation of Over-The-Top (OTT) platforms. The Government, on the other hand, suggested that the matter could benefit from a high court determination before it reaches the Supreme Court. The bench scheduled the hearing for the week of January 15, 2025.

You can read more about it here.

Madras High Court barred use of MS Subbulakshmi’s name in conferring of an award

The Madras High Court has barred the Madras Music Academy from conferring the ‘Sangita Kalanidhi MS Subbulakshmi Award’ on singer TM Krishna under its current name. Justice G. Jayachandran ruled that while Krishna’s achievements can be recognized, the award cannot bear MS Subbulakshmi’s name. The order came after MS Subbulakshmi’s grandson, V. Shrinivasan, objected to Krishna receiving the award, alleging he had made offensive remarks about the late singer. Krishna denied the claims, stating he admired her and that his comments were misconstrued. The court noted MS Subbulakshmi’s will, which prohibited the use of her name for awards or memorials, and held that instituting an award in her name would violate her wishes.

Case Title: Music Academy v. V Shrinivasan and Others

Case No: A 5746 of 2024

You can read more about it here. You can access the order copy here.

CBFC will introduce new rating categories – U7+, U13+, U16+.

The Central Board of Film Certification (CBFC) will introduce new rating categories which are U7+, U13+, and U16+, to provide more nuanced classifications and help parents determine the suitability of films for children. CBFC board members stated that the change had been under discussion for years and aimed to address gaps in the previous system. The new categories allow for distinctions based on factors like the level of violence or maturity of themes, offering better clarity for filmmakers and audiences.

You can read more about it here.

Delhi HC Protects Britannia’s GOOD DAY Trademark

The Delhi High Court ruled in favor of Britannia Industries in a trademark infringement case against Desi Bites Snack, restraining them from using the GOOD DAY mark for some of their products. Britannia, which has held the trademark since 1986, argued that GOOD DAY is synonymous with quality in the bakery industry, supported by significant goodwill, ₹16,000 crore in annual sales, and a wide retail network. The court found the defendants’ actions likely to confuse consumers and exploit Britannia’s reputation.

Court held that Britannia had established a strong case for infringement and noted that continued misuse of the mark would cause irreparable harm to the brand. An ex parte injunction was issued, prohibiting Desi Bites from using the trademark in any form. The Court also directed Desi Bites to take down their infringing listings on their website and other e-commerce websites

Case Title: Britannia Industries Limited vs. Desi Bites Snacks P Ltd & Ors.

Case Citation: CS(COMM) 983/2024

You can read more about it here. You can access the order copy here.

Delhi HC takes steps to set up a Committee to tackle Deepfake Technology issues

The Central government informed the Delhi High Court that it has constituted a committee to study and tackle the misuse of deepfake technology. The Court directed the Centre to finalize the committee members within a week and urged it to consider inputs from stakeholders, including victims, internet platforms, and telecommunication providers.

The committee has been tasked with reviewing regulations in foreign jurisdictions, consulting stakeholders, and submitting a report within three months. The Court’s directions arose from petitions filed by journalist Rajat Sharma and advocate Chaitanya Rohilla, seeking regulation of “deepfakes”. MEITY also disclosed initiatives like funding deepfake detection research and developing related tools.

Case Title: Rajat Sharma v. Union of India

Case Citation: W.P.(C) 15596/2023

You can read more about it here. You can access the order copy here.

Industry Bodies Advocate for Self-Regulation of News Media

At a recent parliamentary standing committee meeting, the Editors Guild of India (EGI) and the News Broadcasters & Digital Association (NBDA) emphasized that self-regulation is the best way to prevent government interference in news media. The committee discussed issues like the weaponization of laws to curb press freedom, the government’s fact-check unit, and the spread of fake and communal news. The committee also explored concerns about the Press Information Bureau’s (PIB) fact-checking methods and the regulation of news channels, with a call for mandatory registration with self-regulatory bodies.

The meeting also addressed the increasing threat of AI-generated fake news, including the misuse of deepfakes. News broadcasters like Rajat Sharma of the NBDA shared concerns about AI-driven misinformation, pointing to incidents where news channels aired synthetic voice notes without proper verification. Further, the EGI raised concerns about the Press Council of India’s growing partisanship, particularly regarding the selection of its chairperson, suggesting that it had been undermined by successive governments.

You can read more about it here.

Delhi High Court Issues Permanent Injunction in Favor of Louis Vuitton

The Delhi High Court has granted a permanent injunction in favor of Louis Vuitton Malletier, a French luxury brand, against two businessmen accused of trademark infringement and passing off their products with the ‘LV’ trademark. Louis Vuitton, which holds several trademark registrations in India, sought a permanent injunction against the defendants, operating as ‘Mr. Shoes’ and ‘Mr. Retail,’ who were selling counterfeit shoes, sunglasses, and wallets under the ‘LV’ mark.

The Court stated that the plaintiff had successfully demonstrated its ownership of the well-known ‘LV’ marks. Evidence, including screenshots from social media platforms and websites, confirmed that the defendants were engaged in the sale of counterfeit products, infringing upon Louis Vuitton’s registered trademarks.

Case Title: Louis Vuitton Malletier v/s Abdulkhaliq Abdulkader Chamadia & Ors

Case Citation: CS(COMM) 700/2023

You can read more about this here. You can access the order copy here.

Delhi High Court Grants Permanent Injunction Against Unauthorized Broadcasting of ‘Mirchi’ Content

The Delhi High Court has granted a permanent injunction in favor of Entertainment Network (India) Limited, a radio broadcaster operating FM radio stations under the trademarks ‘Mirchi,’ ‘Radio Mirchi,’ and ‘Sunday Suspense.’ The injunction, issued against 25 defendants, restrains them from infringing on the plaintiff’s copyrights and trademarks by broadcasting or transmitting its audio content without authorization.

The Court found that the defendants were illegally broadcasting Entertainment Network’s content on certain platforms. Despite an interim injunction in December 2022 requiring intermediaries to take down infringing URLs, the defendants did not file a written response. As a result, the Court ruled ex-parte, granting a permanent injunction against further infringement and unauthorized use of the plaintiff’s trademarks.

Case Title: Entertainment Network (India) Limited v. HTTPS//TUNEINCOM/PODCASTS/ARTS—CULTURE PODCASTS/ BANGLA-SUNDAY-SUSPENSE-P2082186 / AND ORS.

Case Citation: CS(COMM) 880/2022

You can read more about it here. You can access the order copy here.

Delhi High Court Grants Dynamic John Doe Injunction to ZEEL for Anti-Piracy Measures

The Delhi High Court has issued a dynamic John Doe order in favor of ZEE Entertainment Enterprises Ltd. (ZEEL), empowering the company to proactively counter online infringement across the digital landscape. This innovative injunction allows ZEEL to notify the Department of Telecommunications (DoT), Ministry of Electronics and Information Technology (MeitY), and Internet Service Providers (ISPs) directly when new infringing websites are discovered, eliminating the need for repeated court approvals for each case.

The dynamic injunction enhances the speed and efficiency of piracy countermeasures, enabling ZEEL to take swift action against new infringements. This measure not only protects ZEEL’s digital content but also sets a new industry standard for digital copyright enforcement, promoting a safer online environment for content creators and securing the longevity of high-quality digital entertainment.

You can read more about it here.

Donald Trump settles case over the use of the song “Electric Avenue”

Former U.S. President Donald Trump has reached a settlement with musician Eddy Grant over the unauthorized use of hit song, “Electric Avenue,” in a 2020 campaign video. The settlement was arrived at two months after a federal judge ruled that Trump had infringed Grant’s copyright by featuring the song without permission in a social media post. The Judge confirmed that the matter had been resolved and the case discontinued. The terms of the settlement were not disclosed, avoiding further litigation over the damages Trump would owe Grant. Grant had filed the lawsuit in 2020, expressing “dismay” at public inquiries about his association with the campaign.

You can read more about it here.