Imagine the situation where the manufacturer of your car restricts you to drive your car only on weekdays or compels you to fill fuel at a specified fuel station. Yes, this could be a reality if the US Federal court judgement in the Lexmark vs Impression Products is not reversed by the US Supreme Court.
Earlier this year, the Federal Circuit ruled en banc in Lexmark v. Impression the most significant exhaustion ruling since the Supreme Court’s Quanta decision. The ruling of US…
In today’s edition of Weekly Trends, we bring to you copyright law related news. Let us see the trending headlines for the past couple of weeks.
Section 31D of the Copyright Act, 1957 (as amended) to include internet broadcasting organizations
Section 31D of the Copyright Act, 1957 titled “Statutory license for broadcasting of literary and musical works and sound recording” was inserted vide the 2012 Copyright Amendment Act. The Section mainly lays down certain mandatory compliances for the broadcasting organizations…
One cannot deny the fact that in the past few decades people around the globe, especially in America, have grown following the Star Wars series and the endearment for the same has only escalated with time. The franchise began in 1977 with the release of the film Star Wars by 20th Century Fox which became a worldwide pop culture phenomenon and the rest as they say is history.
Since its inception Star Wars has turned into an eminent brand and…
Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to Patents. We have decided to recapitulate the patent news which have recently hit the headlines in our segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update.
Indian Patent office to hold meetings to make Patent examination process more user friendly
The Indian Patent office has decided to hold meetings…
The Indian Singers Rights Association v. Chapter 25 Bar and Restaurant
Citation:CS (OS) 2068/2015 & IA No. 14261/2015
Facts
The Defendant in this case, Chapter 25 Bar and Restaurant during the month of April 2015 had been illegally communicating to the public numerous songs containing performances of various member singers of the Plaintiff copyright society, Indian Singers Rights Association (ISRA), without obtaining appropriate clearance from ISRA and paying the requisite royalty fee. ISRA had issued a legal notice against the Defendant…
Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to trademarks. We have decided to recapitulate the trademark news which have recently hit the headlines with our new segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update.
Supreme Court to decide soon on a two decade old trademark dispute
On September 30th, 2016 the Supreme Court of India agreed to hear…
Intellectual Property lawyers around the globe have started discussing the implications of Brexit after the British Prime Minister, Theresa May recently revealed that Article 50 of the Treaty of Lisbon will be triggered by the end of March, 2017. The referendum by which the British voters opted to leave the European Union does not automatically propel Britain's exit. Brexit negotiation process can only begin when Article 50 of the Treaty of Lisbon is formally triggered by the United Kingdom. The…
Dr. Kalyan C. Kankanala, Chief IP Attorney, Senior Partner, BananaIP Counsels has delivered a lecture in a One Day Awareness Programme on "Intellectual Property Rights for MSME’s Researchers and Academicians" on 23.09.2016. This workshop was organized by Centre for Intellectual Property Rights and Advocacy (CIPRA), National Law School of India University, Bangalore and Ministry of Micro, Small and Medium Enterprises (MSME) in association with The Confederation of Indian Industry (CII), Mysore & NIE Institute of Technology (NIEIT), Mysore.
Micro, Small…
The CJEU recently delivered a judgement we all had been waiting for, GS Media v Sanoma Media Netherlands and Others (C-160/15). Just to jog your memory here are the facts of the case:
The publisher of Playboy Sanoma had commissioned a photo shoot of the model/TV presenter Britt Dekker. The unpublished photos from the photo shoot were made available by GS Media on its website GeenStijl, without any authorization from the copyright holder. Sanoma filed a copyright infringement suit against…
The much awaited decision of the Delhi High Court in The Chancellor, Masters & Scholars Of The University Of Oxford & Ors.versus Rameshwari Photocopy Services & Anr has been delivered yesterday.
Case Citation
The Chancellor, Masters & Scholars Of The University Of Oxford & Ors. v. Rameshwari Photocopy Services & Anr. CS(OS) No.2439/2012
Date of decision: 16th September, 2016.
Deductions
Some quick deductions from a first reading of the decision are provided hereunder for the reader's reference.
In this case,…