I recall a time when searching for Indian patents and applications online was almost impossible. Performing a search to identify relevant prior art would mean perusal of each and every weekly gazette published by the Indian patent office. These gazettes, being poorly scanned copies of the bibliographic data, would make patent searching a task in itself and let us not even begin to discuss the patience that was tested. It was a time when even the popular paid databases…
Full text of the proposed bill can be accessed here.
Penalties and Compensation
A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically…
Full text of the proposed bill can be accessed here.
Data Localization
This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions.
The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40).
However, this obligation is not absolute, and allows for transfer of certain personal…
“Interesting Inventions, Self Igniting Incense Sticks, Anti-mosquito paint, Sign language to speech synthesizer, Wrong statistics published by Indian Patent office, Patent infringement suits, US Court slaps Huawei with $10.5 million, Verizon faces patent infringement suit, USPTO offers refunds for electronic filing outage and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Patent Quote of the Week
“Everything that can be associated to ideas, inventions, copyrights, and patents is part…
Full text of the proposed bill can be accessed here.
Transparency and accountability measures
Privacy by Design
The Data fiduciary is obligated to implement policies and measures to ensure that:
Practices and systems are designed to anticipate, identify and avoid harm to the data principal;
Data protection obligations are embedded in organizational and business practices;
Technology used in the processing of personal data is in accordance with commercially accepted or certified standards;
Legitimate interest of business is achieved without…
CAT Questions Copyright Dispute, Fox Television Series “Empire” Defeats Copyright Infringement Appeal, Wolves Company Sued for Wolf Copyright Infringement, Amazon’s Push for Original Content, MoviePass Teams up with PostMates.
COPYRIGHT QUOTE OF THE WEEK
We live in a world where value of creativity is measured by commercial success, and copyrights are mere instruments of financial benefit, not creative progress”
― Kalyan C. Kankanala, Fun IP, Fundamentals of Intellectual Property
INDIAN COPYRIGHT STATISTICS
There is an increase of 16% in the total number of…
Full text of the proposed bill can be accessed here.
Rights of Data Principal
The Bill provides the following important rights to the data principal:
Right to confirmation and access: Data principal may obtain the following information from the data fiduciary:
Confirmation whether the data fiduciary is processing its personal data,
Summary of the personal data processed by the data fiduciary, and
Summary of processing activities undertaken by the data fiduciary with respect to its personal data.
The…
The Draft of the Personal Data Protection Bill was released on July 27, 2018 by the Justice Srikrishna Committee, along with its report on Data Protection in India. This Bill incorporates many features of the EU-GDPR modified according to Indian stand on the privacy of individuals. Although not as stringent in its requirements or as widely applicable as the GDPR, the Bill imposes largely similar obligations on the recipients of an individual’s data. The salient features of the Bill include:…
Indian Trademark Statistics for August (Fifth Week) 2018, Burberry Counterfeit, Anushka Sharma to Promote Instax Cameras, In-N-Out Stout Beer in Trademark Dilemma, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
"A good trademark, whether a word or a symbol, is devoid of fashion or trend, which makes it potentially iconic if its seen for long enough in the right places"-Ivan Chermayeff
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have…
Prashant's recent post on Copyright Societies in India is lucid and instructive like many of his other writings. You may read his post and those related to it on Spicy IP, and may also consider going through the chapter in the book he references. The phrase "Defacto Copyright Societies" he uses in his post caught my attention, and therefore, this quick note.
In my opinion, the Copyright Amendment is more discriminatory than revolutionary. It gives undue importance and rights to…