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Physical Copy Doctrine versus the “Substantiality” Dictum
When it comes to the issue of copyright infringement of cinematograph films, there exist two schools of thought. One school believes that as far as cinematograph films are concerned, Section 14(1)(d) of the Copyright Act only protects the exact carbon copy of the work and not the contents in it. They argue that in lieu … Continue reading Physical Copy Doctrine versus the “Substantiality” Dictum
Read more »Architect Has No Right To Object The Demolition Of Building
Case: Raj Rewal Vs. Union of India & Ors. CS(COMM) 3/2018, IA No.90/2018(u/O XXXIX R-1&2 CPC) & IA No.92/2018 (u/s 80(2) CPC Facts of the Case: Mr. Raj Rewal is a renowned Architect in India who has been in practice for the last 35 years and has designed several prestigious structures in countries like Iran, … Continue reading Architect Has No Right To Object The Demolition Of Building
Read more »India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)
India has a well-organized system of judicial mechanism which cater to the need of registration, protection and enforcement of Intellectual property, however a number of recent judgments bear a testimony that despite having an effective Judicial framework for safeguarding IP Infringement the violation of IP continues to take place for an altogether different reason of … Continue reading India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)
Read more »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?
Read more »Simmba Vs Simba: A Trademark Tussle
Context Before the release date, Rohit Shetty’s much-appreciated film ‘Simmba’ got into trademark squabble with ‘Sona Beverages Co. Ltd’. In November, the makers of Simmba were slammed with the allegation of trademark infringement of a beverage company in Delhi High Court. Chhattisgarh-based Company named Sona Beverages Co. Ltd owned the trademark ‘SIMBA’ for selling a … Continue reading Simmba Vs Simba: A Trademark Tussle
Read more »Parody: Fair Use or Infringement?
Parody is an imitation of someone else’s work with a view to ridicule or criticize such work. Since parody is an imitation, does it amount to copyright infringement of the owner’s original work? How do laws protect the right of copyright owner along with the parodists? It is a general principle that no copyright lies … Continue reading Parody: Fair Use or Infringement?
Read more »Copyright and Reality TV Shows
There is a thin line between inspiration and infringement. Copying a script in a unique way is inspiration, but “in an original way” it is an absolute infringement of that right. Copyright cannot protect “ideas” but only the mere expression of the same. There are so many reality TV shows in the present day, it … Continue reading Copyright and Reality TV Shows
Read more »Does Publication of Bare Acts by Private Companies amount to Copyright Infringement?
Introduction “[I]f ignorance of law is no excuse it presupposes that a citizen is able to know law. The elementary requirement in this country is that the citizen is able to obtain an authenticated copy of the Act, Rules and Regulations. If a citizen is not able to obtain these documents, the argument is that … Continue reading Does Publication of Bare Acts by Private Companies amount to Copyright Infringement?
Read more »A Tiny Antenna Threatens Broadcasters
Chet Kanojia’s Aereo have shaken up the Television Industry. A 43 Year old immigrant from India, who as an outsider saw a system that most took for granted and who knew he could build a better mousetrap, or at least a different one. Aereo, Mr. Kanojia’s two-year-old company, has figured out how to grab over-the-air … Continue reading A Tiny Antenna Threatens Broadcasters
Read more »Setback for Force India
It seems like all is not well in the kingdom of the King of Good Times. Vijay Mallya, who is already facing a host of financial difficulties, with his airlines accumulating losses and statutory authorities putting pressure on the management to pay up the liabilities,has received yet another jolt. His F-1 team Force India lost … Continue reading Setback for Force India
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