AUTHORED BY DR. KALYAN C. KANKANALA Senior Partner (IP Consulting...
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FACTS OF THE CASE
In this case, Cipla Limited, the Respondent/Plaintiff, filed a suit for permanent injunction before the Madras High Court. The suit was against Sun Pharmaceuticals Industries Limited, the Applicant/Defendant, as it infringed the Respondent/Plaintiff’s copyright and registered trademarks as follows:
The Applicant/Defendant imitated and substantially reproduced the artistic packaging, trade dress and labels of the Respondent/Plaintiff’s ‘BUDECORT RESPULES’ and ‘DUOLIN RESPULES’ which amounted to infringement of their copyright in artistic works. These were Budeonide Nebuliser Suspension BP,…
This running post provides a summary of the latest Indian Copyright cases in 2021, decided by various Courts and tribunals in the country.
1. Mr. John Hart Jr. & Anr. vs. Mr. Mukul Deora & Ors, High Court of Delhi, CS (Comm) 38/2021
In this case, Plaintiff No. 1 claims to be vested with the exclusive copyright to make a movie adaptation of the book “The White Tiger” authored by Mr. Aravind Adiga by virtue of a Literary Option/Purchase Agreement dated…
Following the ordinance abolishing the IPAB, we updated all relevant intellectual property statutes to reflect the amended provisions. We are hereby sharing the links to the amended statutes along with word and pdf versions of the Acts in accessible formats. You may read about the changes in different statutes in the series of posts we had carried earlier at the following links: Patents Act, Trade Marks Act, Copyrights Act, Plant Varieties Act, and Geographical Indications Act.
The list below provides links…
BananaIP and NASSCOM have launched a first of its kind 'Master Class on IP for Start Ups. The event is supported by India AI, Start Up Karnataka and IT-BT Department. The registration is now open, and any Start Up or Entrepreneur may register for free. You may view the registration details at this link
Why a Master Class?
Intellectual Property is today an important business tool for Start Ups. It helps them protect their creativity and innovation, and gain exclusivity…
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…
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…
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…
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…
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…
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…