Tag: Copyright Act

Offences under Copyright Act and Trade Marks Act: Bailable or Not?

Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?

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Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

The Central Government promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in the Parliament earlier this year but could not be taken up for consideration and passing. Exercising the power under Article 123(1) of the Constitution of India, the President … Continue reading Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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Softwares Copyrightable Under The Indian Copy Right Act

Introduction Computer instructions that tell the computer how to work is software. Software is an extremely sensitive creation for the creator. Software is at risk at every stage of its construction. There is a risk of the creation getting stolen, hacked or leaked. Once such a calamity happens the creation is compromised. The drawbacks of … Continue reading Softwares Copyrightable Under The Indian Copy Right Act

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Tea Board, India v. ITC Limited

C.S. No. 250 of 2010  PARTIES The Plaintiff is Tea Board of India which is a state agency of the Government of India established to promote the cultivation, processing, and domestic trade as well as export of tea from India The Defendant is ITC Ltd. a multinational conglomerate company headquartered at Kolkata, West Bengal. BRIEF … Continue reading Tea Board, India v. ITC Limited

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Patentability of Computer Programmes with Technical effect & Contribution: In Light of FeridAllani v. UOI

The issue of patentability of computer programmes has been fluxed with puzzlement since ages. Through this blog we will dig into the concept addressing the topic of patentability of computer programmes with technical effect and contribution and analyse the meaning behind the suffix ‘per se’ added to computer programmes in the patents act, 1970, in … Continue reading Patentability of Computer Programmes with Technical effect & Contribution: In Light of FeridAllani v. UOI

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Post-mortem Personality Rights and their relevance in Jayalalithaa’s Biopic Suit

“The nicest thing is to open newspapers and not to find yourself in them.” – George Harrison Being a well-known personality could cost you your personality rights, at times. Living a life which requires you to be cautious of your every move is quite a difficult one. Being a celebrity comes with a lot of … Continue reading Post-mortem Personality Rights and their relevance in Jayalalithaa’s Biopic Suit

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Doctrine Of Originality In Copyright

INTRODUCTION Originality is the basic yardstick used by the copyright regimes in the world to evaluate the availability copyright protection to a particular work. The word “Originality” in civil law countries consider as an author’s own intellectual creation. Through originality doctrine, copyright is safeguarding the public domain so that a person cannot claim for an … Continue reading Doctrine Of Originality In Copyright

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Should ‘WhatsApp’ Be Held Liable For Not Reviewing Materials Being Shared On Their Platform That Infringes Authors’ Copyright?

INTRODUCTION “The right to be attributed as an author of a work is not merely a copyright, it is every author’s basic human right”― Kalyan C. Kankanala, What a creator creates from his imagination and his idea is a valuable asset for him above everything else. The idea of ownership of the ‘bundle of rights’ … Continue reading Should ‘WhatsApp’ Be Held Liable For Not Reviewing Materials Being Shared On Their Platform That Infringes Authors’ Copyright?

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All About Section 31 D of Copyright Act, 1957

The 2012 amendment in Copyright Act has introduced various provisions, one of them being section 31 D. This section is concerned with the broadcasting or performance of a literary or musical and sound recording, which has already been published. Clause 1 of Section 31D states: “Any broadcasting organization desirous of communicating to the public by … Continue reading All About Section 31 D of Copyright Act, 1957

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Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

FACTS The Appellant is a well-known South Indian actress. The Respondent – Company entered into a advertisement agreement with the Appellant. It was contended that the parties have mutually agreed to the terms of the agreement and it was also agreed, in the written agreement which the appellant didn’t sign, that all the promotion/ advertisement … Continue reading Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

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