22 March 2019

Sticky

A Progressive Step Towards Regulating The eCommerce Sector – In response to Professor Arul’s 101 Article on Decimating Digital Competition

in Intellectual Property, Privacy / Data Protection

I write in response to Professor Arul George Scaria's article in Bloomberg where he argues that the Draft National eCommerce Policy ("eCommerce Policy") will decimate digital competition. Arul bases his arguments on issues in the policy with respect to data ownership/sharing and intellectual property protection, and states in strong words that the policy is discriminatory, anticompetitive, protectionist, and violative of individual rights. While I agree with Arul's comments relating to anti-piracy measures and open access, I find several of his arguments unsustainable in the context of the policy's objectives and eCommerce business in India. Data Ownership and Sharing Contrary to Arul's explication...

22 March 2019

0 Comments

Sticky

Weekly Copyright News: ‘Bala’ Infringement Suit, No Political Ads at IPL, IPRS License to YouTube, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Social Media Law

Director Files A Suit Against Makers of ‘Bala’, Delhi Health Director Asks Centre to Restrict Tobacco Ads at Filmfare, No Political Ads During IPL 2019, Music Publishers Sue Peloton, Universal Music Wins ‘Generic Lyric’ Copyright Infringement Suit, Court Dismisses $4 Million Award Against Zillow , RNC Fends Off Copyright Infringement Claim Filed by Montana Photographer, Discovery India Partners with Dailyhunt for Short-form Content, Google Obtains IPRS License for YouTube, Facebook Signs Music Deals with T-Series, Zee and YRF , Hotstar Gets IPL Broadcast Rights in UK , Angry Birds Maker Rovio Overhauls Merchandise Licensing, and more. Copyright Quote “Every film must be...

21 March 2019

0 Comments

Sticky

Draft E-Commerce Policy Has a Long Way To Go

Posted by BananaIP Reporter

in General, Intellectual Property, Privacy / Data Protection

The Department for Promotion of Industry and Internal Trade (DPIIT) issued a notification announcing the Draft National E-Commerce Policy on 23rd February, 2019 and inviting comments and suggestions from stakeholders. The Policy recognises the substantial growth of e-commerce and some of the opportunities and regulatory hurdles that accompany it. The Policy addresses the various concerns that have accompanied the rapid digitization of the economy and has chosen certain key areas that needs prioritization. Additionally, the Centre has highlighted the importance of harmonization of e-commerce policies across Ministries and Departments of the Government. To these ends, the Policy covers certain aspects of...

20 March 2019

0 Comments

Sticky

Weekly Trademark News: Samsung Trademark Infringement, Scotch Whisky Association Loses Trademark Battle, Sirsi Supari GI and Other News

Posted by BananaIP Trademark Attorneys

in Intellectual Property, Trademarks

Indian Trademark Statistics for March (Third Week), Scotch Whisky Association Loses Trademark Battle, The Voice of Wrestling Trademark, Miniso Not Mini Any more and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The investment you make into a brand makes its name worth it" - Bernard Kelvin Clive INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a mixed week. The total number of registrations granted as well as renewals notices issued has increased by thirty nine percent (39 %). Similarly, the total number of applications examined has increased by twenty...

18 March 2019

0 Comments

Sticky

Weekly Patent News: Patent Statistics, Interesting Inventions, Microsoft sues Foxconn Technology, EPO’s annual report and more

Posted by BananaIP Reporter

in Intellectual Property, Patents

“Patent Statistics, Interesting Inventions, Union Cabinet approves proposition for compliance of 3 key International Agreements, UAHS hosts National Conference on Biodiversity and Plant Genetic Resource Conservation, Microsoft sues Foxconn Technology for non - payment of royalties, EPO publishes conference report titled: “Talking about a new revolution: Blockchain”, 2018 Annual Report published by the European Patent Office and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Patents are the best and most effective means of controlling competition. They occasionally give absolute command of the market, enabling their owner to name...

18 March 2019

0 Comments

Sticky

My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However, in each of these situations, the law requires that the writer use the work in a manner that amounts to ‘fair dealing’....

15 March 2019

0 Comments

Sticky

Weekly Copyright News: T-Series Gets Infringement Notice, ‘#MeToo’ Filmmaker Challenges CBFC, GTA V Infringer Settles, and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law, Sports Law

Filmmaker Sends Notice to T-Series for Khandaani Shafakhana; '#MeToo' Filmmaker Challenges CBFC Order to Change Movie Name; MEITy Clarifies TOI Headline Threatening Twitter; GTA V Copyright Infringer Agrees to Settlement; Marc Jacobs Requests Dismissal of Nirvana’s Smiley Face Logo Lawsuit; VidAngel Liable for Wilful Copyright Infringement; Artists Temporarily Drop ‘Fortnite’ Charges after SCOTUS Ruling; Netflix Dives into Anime Craze with Numerous Japanese Studio Partnerships; Citizen Watches Collaborates with Captain Marvel, Sponsors World Premiere; Disney And Accenture Create Unique ‘Dumbo’ Posters; Dailymotion Collaborates with NBA G League to Provide Premium Sports Content, Copyright Tip of the Week, and more. Copyright Quote Of all...

13 March 2019

0 Comments

Sticky

Weekly Trademark News: Alibaba Settles Trademark Dispute with Alibabacoin, 7-Eleven Stores Soon in India!, NBA Fanwear Apparel and Other News

Posted by BananaIP Trademark Attorneys

in Intellectual Property, Trademarks

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for March (Second Week), Trademark Battle over a Whiskey Brand, NBA Fanwear Apparel in India, Harley Davidson and its Bizarre Trademarks, Erode Turmeric GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Value of a Trade Mark is directly proportional to your Aggression and Risk Ratio.” – Dr. Kalyan C. Kankanala INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has picked up its pace in the past week. The total number of applications examined has increased by thirty eight percent (38 %). Similarly, the total number of registrations...

11 March 2019

0 Comments

Sticky

Patent Statistics, Interesting Inventions, Bombay HC orders Nuziveedu to pay Monsanto, Delhi HC dismisses suit filed by Crocs Inc and more patent news updates

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Patent Statistics, Interesting Inventions, Bombay HC orders Nuziveedu to pay 138 crores to Bayer – Monsanto, Delhi HC dismisses suit filed by Crocs Inc., Pakistan revises IP Fee schedule showing an increase of 50% in costs, DepEd, Manila signs MoA with WIPO to introduce IP in basic education and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Patents are the best and most effective means of controlling competition. They occasionally give absolute command of the market, enabling their owner to name the price without regard to the cost of...

11 March 2019

0 Comments

Sticky

Hiding in plain sight: Is Spotify in the ‘business of issuing or granting licenses’?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Spotify, the Swedish audio streaming service recently launched in India. The service, offering both ad-supported as well as paid premium subscriptions has already acquired one million users in the first week of its launch and by the looks of it will continue to gain users. Besides the seemingly overnight popularity the service has also been in the news for its ongoing legal battle with Warner Music Group. However, that will not be the focus of this post. In this post we will look at Spotify’s content licensing business in the light of Section 33 of the Copyright Act 1957 (as...

Intellepedia – IP News Center

SOME OF OUR CLIENTS