GUEST POST: UJJAWAL BHARGAVA: THE SCRAPPING OF IPAB AND EXTENSION OF ITS CHAIRMAN: WHERE DOES THEIR FATE LIE?
Lokesh Vyas -1
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...
REPORT: IPRMENTLAW VIRTUAL CONFERENCE – JUNE 21 2020; TOPIC: NEED TO REVAMP THE COPYRIGHT ACT?
Akshat Agrawal -
On the occasion of the Copyright Amendment Act, 2012, we at IPRMENTLAW conducted the biggest copyright virtual conference.
Link to the recording of the conference: here
PANELISTS: (See details here)
Guest of honor: Mr. Raghavendra G.R (Joint Secretary, Department of Justice, Ministry of Law)
Keynote speaker: Mr. Blaise Fernandes (President, Indian Music Industry)
Industry...
What happens when two people claim rights on the same work? Both are right-holders in ‘their opinion’; both have run ‘their’ rights for a substantial time until one day their obliviousness outbursts. Here, how to test ‘true’ ownership? Is it a question of law or a question of fact?...
TO REGISTER OR NOT TO REGISTER: A CURIOUS CASE OF “SANJAY SOYA PVT LTD V. NARAYANI TRADING COMPANY” – PART 1
Lokesh Vyas -
This is a two parts post. The first part discusses the judgment of the Bombay High Court and the second part analyses the policy implications of Copyright Registration and proposes certain recommendations in this regard.
Copyright Registration: A Convolutional Need?
Question: “Is it necessary to register a work to claim copyright?”...
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...
Introduction: A Tale of Two Rights
Copyright Act, 1957 provides two kinds of rights for the authors - 1.) economic rights (Section 13), and 2.) moral rights (these are ‘Special’ rights as per Section 57). Both these kinds have separate jurisprudential backings (we explained something here). The former is majorly...
DOES AUTHORSHIP MERELY CONFINE TO REWARD FOR INVESTMENT? ANALYZING MRF V. METRO TYRES IN THE CONTEXT OF COMPUTER-GENERATED WORKS
Akshat Agrawal -
An important feature of the definition of authorship in a computer-generated work in the Indian Copyright Act is the phraseology involved, which states that the author is the person who “causes the work to be created” (Section 2(d)(vi) of the Indian Copyright Act). This is definitely different from one...
Guest Post: Keshab Roy Choudhury: Copyright Protection for Athletic Movement: The Next Step for the Indian IPR Regime?
Angad Makkar -
About Author: Keshab Roy Choudhury is a fourth year student at Jindal Global Law School, Sonipat. He is interested in IP and competition law.
I. Introduction:
The WIPO has recognized the importance of leveraging the power of IP to protect the commercial interests of the various participants in the...
TO REGISTER OR NOT TO REGISTER: A CURIOUS CASE OF “SANJAY SOYA PVT LTD V. NARAYANI TRADING COMPANY” – PART 2
Lokesh Vyas -
(This post is co-authored by Umang Sethi, a fourth year student from Institute of law Nirma University.)
The first part of the post analyzed case and highlighted some crucial parts of the case that require further scrutiny. The present post will look at the policy implications for mandatory copyright registration...
THE APPLICABILITY OF THE DEFENSE OF DE MINIMIS USE IN LIGHT OF THE US COURT OF APPEAL’S JUDGMENT IN BELL V. WILMOTT
Vanshika Arora -
INTRODUCTION
Copyright can be infringed by an act as simple as clicking a picture of a copyrightable work, or printing posters of a famous band and hanging them in private property. Despite the existence of a proper legal framework to protect the rights of a copyright holder, this form of...