About the Author:
Aviral Srivastava, is a 4th year law student at Symbiosis Law School, Noida. He has great interests in IPR and Technology Laws.
Introduction
The Bombay High Court recently passed an order reiterating that non-IPC offences punishable with "up to three years", will be categorised as cognizable and non-bailable. That...
GUEST POST: UJJAWAL BHARGAVA: THE SCRAPPING OF IPAB AND EXTENSION OF ITS CHAIRMAN: WHERE DOES THEIR FATE LIE?
Lokesh Vyas -
We are pleased to bring to you our next guest post by Ujjawal Bhargava, fourth-year student of the Institute of Law, Nirma University, Ahmedabad. Ujjawal has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. He has written for us earlier here and here.
INTRODUCTION
Recently, the Indian...
FROM (TO BE) CREATORS TO CREATORS: THE STORY OF BALANCE BETWEEN SELF AND OTHER- FOR A “HAPPY FAIR USE/ FAIR DEALING/ PUBLIC INTEREST WEEK”
Lokesh Vyas -
(Drafted by Lokesh Vyas, Angad Makkar and Akshat Agrawal -contributors to IPRMENTLAW. Special thanks to Anushree Rauta and the whole IPRMENTLAW team for their beautiful balancing ideas.)
Note: The article offers a lot of paradoxes to understand IP and the role of fair use in it, so read it carefully...
PUBLISHERS V. (WHO- YOU, ME, RESEARCHERS OR SCI-HUB?): A COMICAL TALE OF A THEORETICAL RIGHT?
Lokesh Vyas -
An unreal story of two realistic researchers:
Pinku, a third-year student, and Bebuxa, a professor cum independent researcher from Nowhere University, Mind-pur researching on “Neurobiological determinism” needed access to certain articles which unfortunately are behind the paywalls, making it difficult to lead the research in the way they wanted. Seeing...
UPDATE: IPRS VS ENIL- APPEAL FILED- DELHI HIGH COURT HOLDS THAT SINGLE BENCH DECISION NOT TO BE CITED AS A PRECEDENT IN ANY PROCEEDINGS UNTIL FURTHER ORDERS
Anushree Rauta -
In an appeal filed by IPRS before Delhi High Court against the single bench decision passed by Justice Endlaw on January 4, 2021, the division bench of Justice Manmohan and Justice Asha Menon on January 14, 2021 issued notice and held that until further orders, the single bench decision...
IPRS VS ENIL: DELHI HIGH COURT DECISION- DEATH TO MUSIC PUBLISHING ROYALTIES IN INDIA? [READ JUDGEMENT]
Anushree Rauta -
The end of 2020 and beginning of 2021 saw two landmark decisions which would change the face of music industry in India, the first one being of IPAB’s decision on radio royalties in the first statutory licensing case (Music Broadcast Limited vs Tips Industries Limited & Ors) under Section...
In the first part of the article, we argued that the copyrightability of Sherlock’s emotion is not possible under copyright law and it seems to be a gimmick to extend the protection over the character of Sherlock which is already in the public domain.
As the name suggests, copyright misuse...
This article is co-authored by Harshil Dureja .
The present article is in two parts, the first part explicates the issue in case and discusses the copyrightablity of Sherlock Holmes’ feelings. The second part highlights the notion of copyright misuse as contended by the Defendant and discusses some of notable...
The Telangana High Court, in a recent decision titled M/S Super Cassettes Industries Private Limited v. Nandi Chinni Kumar and Ors., has upheld the concept of “life rights” as elements of copyright- and in fact, upheld an order for an injunction against the Appellant’s (hereinafter, “Defendant”) film, for violating...
GOVERNMENT INVITES COMMENTS ON REGISTRATION OF SCREENWRITERS RIGHTS ASSOCIATION OF INDIA (SRAI) AS A COPYRIGHT SOCIETY [READ PUBLIC NOTICE]
Anushree Rauta -
The Copyright Office vide its public notice dated November 27, 2020 has invited for objections/ comments, if any from public/ stakeholders, in respect of application filed by Screenwriters Rights Association of India (SRAI) for registration as a copyright society under Section 33 of the Copyright Act in literary and...