18 April 2021

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Google wins against Oracle’s Code Theft Claim, Youtube introduces ‘Checks’ for Copyright violations, Marshmello wins ‘Happier’ Copyright case against ARTY and more.

in Copyrights, Intellectual Property, Media and Entertainment Law

Google wins against Oracle’s Code Theft Claim, Musician sues Rockstar Games for Copyright infringement, COPA sues Craig Wright over Bitcoin Copyright claim, Youtube introduces ‘Checks’ for Copyright violations, Marshmello wins ‘Happier’ Copyright case against ARTY and Sky wins Copyright infringement claim against show Pirater. Google wins against Oracle’s Code Theft Claim The US Supreme Court decided in favor of Google in a case filed by Oracle. The complaint filed by Oracle accused Google of copying their software code used to make apps. The code was written in Java, a software programming language owned by Oracle and used by Google to create the...

16 April 2021

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Vitiation of IPAB and Beyond – What changes under the Copyright Act now?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

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 AND PROTECTION) ACT, 1999 THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002 THE FINANCE ACT, 2017 Intellectual Property Appellate Board (IPAB) was constituted...

09 April 2021

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TuneIn Loses Appeal in UK infringement Lawsuit, Nike sues MSCHF for copyright infringement, Brexit does not hasten exit from EU Copyright Law and more.

Posted by BananaIP Reporter

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

TuneIn Loses Appeal in UK infringement Lawsuit, Nike sues MSCHF for copyright infringement, Goldsmith wins copyright infringement suit against Warhol's work, Publishing company Wiley emphasizes importance of open access and legal sustainability and Brexit does not hasten exit from EU Copyright Law. TUNEIN LOSES APPEAL IN UK INFRINGEMENT LAWSUIT In the original ruling in 2019, the UK High Court decided against the San Francisco-based digital radio service and ruled that it breached the copyright of the music companies through unlicensed streams overseas but at the same time, there was no copyright infringement for its licensed streams in the UK. Following this, TuneIn...

08 April 2021

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Copyright, Information Technology and eCommerce Govt. Notifications-2021

Posted by BananaIP Reporter

in Copyrights, e-Commerce Law

Ministry of Commerce and Industry introduces the Copyright (Amendment) Rules, 2021 The Ministry of Commerce and Industry has issued a notification, through the Department for Promotion of Industry and Internal Trade (DPIIT), introducing the Copyright (Amendment) Rules, 2021, with effect from 30th March, 2021. A copy of the rules may be accessed here. Meity introduces the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 The Ministry of Electronics and Information Technology (MeitY) has issued a notification, introducing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. A copy of the rules may be accessed here. Meity announces Public Consultation for draft...

05 April 2021

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President promulgates Tribunals reforms Ordinance, IPAB goes defunct with immediate effect

Posted by BIP Patent Attorneys

in Copyrights, Geographical Indications (GI), Intellectual Property, Patents, Plant Varieties, Trademarks

The featured image shows a closed signboard. Th image has been used in consonance with the closure of the Tribunals through TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021

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 also transferred the functions and powers of the tribunals to the High Courts and Commercial Courts depending on the context. For...

05 April 2021

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Copyright Statistics: January-March 2021

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

COPYRIGHT STATISTICS January and February 2021 There is an increase of 40% in the total number of copyright applications filed for the month of February 2021, as compared to the month of January 2021. A total of 2252 applications were filed in January and a total of 3166 filed in February. The majority of applications were filed for literary/ dramatic and artistic works S. No. Type of Work Number of applications filed in the month of January 2021 Number of applications filed in the month of February 2021 Change Percentage change 1 Literary/ Dramatic Work 1180 2016 836 Increase of 70% 2 Artistic work 874 884 10 Negligible increase (1%) 3 Cinematograph work 40 34 6 Decrease of 15% 4 Sound Recording 37 43 6 Increase of 16% 5 Software 109 167 58 Increase of 53% 6 Music 12 22 10 Increase of 83% Total 2252 3166 914 Increase...

19 March 2021

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Apple sued for infringement of Emojis, The Mail ordered to publish its defeat in suit against Meghan Markle, Justice League accidently released on HBO Max and more.

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

Rapper Tekashi 6is9ine sued for copyright infringement on his hit single ‘Gooba’, Court grants Pinterest’s motion to dismiss in a copyright infringement suit filed by a Photographer, Developer Katrina Parrott sues Apple for alleged copyright infringement over use of multi-racial emojis, The Dubai Taxi Corporation issued Ghanaian Rapper a cease and desist notice, Justice League accidently released on HBO Max, The Mail must publish its own defeat in suit against Meghan Market on the first page, CJEU rules that framing content would amount to communication to the public. Rapper Tekashi sued for Copyright Infringement After being accused of copying by producer...

12 March 2021

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French Court fines Jeff Koons for Copyright Infringement, English High Court orders ISPs to block Music Piracy Sites, Supreme Court suggests screening Online Content and more.

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection

French Court fines Jeff Koons for Copyright Infringement, VPN Provider sued for Privacy Violation, US Copyright Office issues New Group Registration notice, English High Court orders ISPs to block Music Piracy Sites, Supreme Court suggests screening Online Content. French Court fines Jeff Koons for Copyright Infringement In 2015, a lawsuit was filed against Jeff Koons and the Centre Pompidou for copying a photographer’s photo for an ad campaign for the clothing line Naf Naf. The disputed photograph shows a female model lying in snow in a similar position with a pig (which is the Naf Naf mascot) wearing a small barrel...

12 March 2021

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The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- A Brief Note

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Social Media Law

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- A Brief Note The Government of India through the Ministry of Electronics and Information Technology (MietY) has recently issued a notification, for implementing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (2021 Rules). Apart from its application to intermediaries as defined under section 2(w) of the Information Technology Act, 2000, the new rules are applicable to Social Media Intermediaries (SMIs), Significant Social Media Intermediaries (SSMIs) and Digital Media Platforms (DMPs). Additionally, Original Curated Content Platforms (OCCPs) have also been brought under the ambit of these...

28 February 2021

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Social Dimensions of Copyright Infringement and Enforcement: A Quick Reflection in the context of Sci-Hub Litigation

Posted by BananaIP Reporter

in Copyrights, General, Intellectual Property

SOCIAL DIMENSIONS OF COPYRIGHT INFRINGEMENT AND ENFORCEMENT

Like-Minded IP Teachers’ Working Group on Intellectual Property and Public Interest Social Dimensions of Copyright Infringement and Enforcement: A Quick Reflection in the context of Sci-Hub Litigation☨ Jointly prepared by: Prof. (Dr) N. S. Gopalakrishnan[i] Dr Arul George Scaria[ii] Dr M. Sakthivel[iii] Ms Anjana Girish[iv] Dr Vishnu Shankar P.[v] Prof. (Dr) T. G. Agitha[vi] Prof. (Dr) Anirban Mazumdar[vii] Pathbreaking technological innovations have always contributed to different kinds of social tensions to which societies and legal systems have struggled to find amicable solutions[viii]. Unprecedented innovations in the field of information technology, which we started witnessing towards the end of last century and rapidly growing even today, is no exception to...

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