In the case of PPL versus LOOKPART EXHIBITIONS (CS (COMM) 188/2022 & I.A 4772/2022), The Delhi High Court asked Professor Arul George Scaria to provide an expert opinion on Section 52(1)(za). The Court asked Professor Arul to particularly provide an opinion on the scope and extent of the Copyright Exception with respect to the use of Sound Recordings in marriage ceremonies and related festivities. In furtherance, Professor Arul gave his opinion to the Court, which was mentioned in the Court’s…
When you’re launching a new product, service, or marketing plan, it’s easy to get caught up in the excitement and forget about all the pitfalls that lie ahead. An intellectual property audit is an excellent way to identify potential IP opportunities and risks before they become real problems. Read More.. Continue Reading Why Perform an IP Audit? 5 Reasons
In a case between Phonographic Performance Limited (PPL) and Lookpart Exhibitions And Events Private Limited, Justice Pratibha Singh of the Delhi High Court has sought an expert opinion from Professor Arul George Scaria on the legislative history and scope of Section 52(1)(za) of the Copyright Act.
The specific question raised is whether use of music in marriage ceremonies and social events is exempted under Section 52(1)(za), and whether such a use may be considered as fair use. The provision reads as…
The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under the following acts:
THE CINEMATOGRAPH ACT, 1952
THE COPYRIGHT ACT, 1957
THE CUSTOMS ACT, 1962
THE PATENTS ACT, 1970
THE AIRPORT AUTHORITY OF INDIA ACT, 1994
THE TRADE MARKS ACT, 1999
THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION…
The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021 ”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect. The ordinance has…
PATENTS
A total of 70,924 patent applications were examined in 2020 as opposed to the total of 83,226 patent applications examined in 2019. The total number of grants in 2020 also shot up by as much as 12% in comparison to the total number of grants in 2019. The patent office on an average examined and issued 194 first examination reports (FERs) per day.
Particulars
2018
2019
2020
Applications Published
38961
49351
51325
Granted
13813
23257
26309
Examined
81406
83226
70924
INDUSTRIAL DESIGNS
2020 certainly appears to have been a great year for Industrial designs. A total…
In this week’s Patent News – Indian Designs added to WIPO Global Design Database; EPO invalidates Amgen’s patent claims protecting drug - Praluent, rules in favor of Sanofi and Regeneron; TikTok Inc. files suit for declaratory relief against Triller; Jury verdict directs Apple to pay $500 million to VirnetX by way of damages; UK IPO publishes information on the changes to UK intellectual property law from 1st January 2021; USPTO hosts ID5 6th Annual Meeting, commemorates the 5th anniversary of…
For many, 2019 appeared to be a tumultuous year, legally and politically, while for others it was a year of radical but welcome changes. The view remains divided. Intellectual Property in India however, appears to have had a reasonably good year saving some deeply tragic losses such as that of IP luminary, Prof. Shamnad Basheer.
In this post, we bring to you a recap of the patent statistics from 2019 and a comparison of these numbers with the statistics…
Academy of General Edu., Manipal Vs. Malini Mallya
In a case involving Yakshagana, a form of ballet dance, the Supreme Court pointed out that literary and dramatic works acquire distinctive protection under the Indian Copyright Act. It stated that script of a drama acquires protection as a literary work, and that includes dramatic literature in its fold. However, dance, choreography, scenic arrangements and other aspects of ballet like works will be considered as dramatic works. Simply put, the script of…
This post was first published on December 24, 2014.
Laws alone cannot eliminate copyright infringements. For the Copyright Law to take its course, there have to be effective detection of infringements and identification of infringers. Furthermore, as with any property rights, owners of copyrighted content have to take certain measures to protect their copyrights before expecting law enforcement to aid them. DRMs and ETMs are such measures a copyright owner is expected to take in order to protect his copyrights…