Bimal Nepal, a photographer, has recently claimed that Indian Prime Minister, Narendra Modi, used what seems to be a photograph belonging to Bimal, on his Facebook page, for Deepavali. This photograph, he claims, was taken by him on a festive occasion at home. As news gets around, Bimal is already getting to be the talk of the town during this holiday season. Though he is not threatening to sue Mr. Modi for infringement, Bimal wants to be attributed as the photographer, which only seems fair.
For Bimal to succeed, however, he has to provide satisfactory answers to several questions under the Copyright Law. They are as follows:
This time last week on Sinapse, here is all that happened, in a nutshell.
On October 13, 2014, we saw:
Invention that revolutionized the industrial revolution!
…The story of the invention of steam engine, this invention that proved to be a huge development in the industrial revolution, enlightened us that James Watt may not have been the first one to invent it but definitely was the first one to patent it!
Finally, the ice melts between Microsoft and Samsung!
…Samsung and Microsoft signed a cross license agreement for the benefit of both. When Samsung learnt about Microsoft taking over Nokia, a rift was triggered between Samsung and Microsoft.
Patenting – the Google way
…Google has always amused consumers with its mind blowing inventions. It now has numerous patents under its name and that doesn’t stop them there. Google is dipping its hand into the automotive industry! Google is now the 4th in line for holding the most number of patents.
Here is an update on a recent Trademark Infringement case. Shoemaker, Converse, is suing big names including Wal-Mart and Ralph Lauren for allegedly selling imitations of its 100-year-old famous Chuck Taylor Sneakers. Converse is claiming, under its registered trademark rights, the distinctive shoe design, a design that has been called an “American Icon”. Key elements protected by Converse’s trademark include the toe cap of the shoe, and the pattern of black stripes that appear on the mid sole of the shoe. Converse claims that these elements have been ripped off by the companies they are now suing.
Apart from suing these companies for infringement, Converse, a subsidiary of Nike, also wants the International Trade Commission (ITC) to ban sales of the imported replicas. Therefore, Converse has filed a separate complaint with ITC, with the aim of preventing shoes that infringe their trademark from being imported into USA.
After Narendra Modi met with US President, Barack Obama last month, during Modi’s visit to the US, the leaders released a joint statement enumerating areas for bilateral collaboration including Intellectual Property.
A look at the current state of IP laws in India will show that -
India’s current IP laws are very real disincentives unduly limiting its capacity to commercialize new inventions and enjoy access to innovations from other parts of the world.
What kind of change in the IP laws could help both countries?
Both Governments have committed to establishing an annual IP Working Group as a core element of the bilateral trade policy forum. The US industry widely welcomed this statement, since a bilateral dialogue on IP will be an important part of optimizing the US-India trade relationship.