Celebrating 20 Years of IP Excellence

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Cinematograph Act Amendment, Facebook to Make Political Ads Transparent, No Removal of Explicit Streaming Content, EU Agrees on Copyrights, Fiji Counter-sues, and more

Cabinet Approves Cinematograph Amendment to Curb Piracy, Delhi HC Dismisses Plea Seeking Removal of Explicit Streaming Content, Facebook to Increase Transparency of Political Ads, Jeff Bezos Accuses National Enquirer of ‘Extortion and Blackmail’, EU Negotiates Agreement on Copyright Rules, ‘GTA V’ Cheats Cost Creator USD 150,000 in Damages, Fiji Water Counter-sues Viral Fiji Water Girl, PV Sindhu Signs Lucrative 50 Crore Deal with Chinese Sports Brand, McFarlane Toys Inks Deal for DC Superhero Toys, Kiss and Emoji Collaborate, BMG to License Music through SESAC in India, Copyright Tip of the…

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Amazon Marketplace Non Compliance

Kindle eBooks, FDI eCommerce Policy and Amazon Marketplace – Non-compliance Continues Contd.

Amazon Seller Services Private Limited ("Amazon") runs the eCommerce marketplace at www.amazon.in, and among other products, Amazon facilitates sale of eBooks and/or eBook subscription licenses on the platform at its Kindle eBook Store at https://www.amazon.in/Kindle-eBooks/b?ie=UTF8&node=1634753031. In my opinion, Amazon's business and approach with respect to eBooks does not comply with the recent FDI eCommerce guidelines by virtue of the following: By exclusively permitting only its group company Amazon Asia Pacific ("Amazon APAC") to sell eBooks on its marketplace; By…

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Pirates of Bollywood  x

Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011.   Facts: Autodesk Inc. is a U.S. based design software and digital content company which provides design software to professionals. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of…

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Intermediaries, Marketplaces and Take Down Actions

Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of…

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Intellepedia - IP News Updates

SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

This post was first published on June 7, 2011. Pfizer Inc. filed a suit against Watson Laboratories, on June 1, 2011 in the United States District Court for the Southern District of New York seeking to prevent Watson from commercializing sildenafil citrate tablets prior to the expiration of Pfizer’s Viagra. Watson's sildenafil citrate tablets are a generic version of Pfizer Inc.'s Viagra, which is indicated for the treatment of erectile dysfunction (ED). Sildenafil citrate enhances the effect of nitric oxide,…

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Intellepedia - IP News Updates

Matrubhumi Printing and Publishing Ltd v. IPRS

This post was first published on June 21, 2011. FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan FACTS The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened…

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Intellepedia - IP News Updates

Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

  This post was first published on June 12, 2011.   (Delhi High Court, 09.05.2011) FACTS: Plaintiff No. 1 i.e. Sholay Media and Entertainment Pvt. Ltd. acquired all rights in the film "Sholay" in the year 2000 and was exploiting these rights in various areas such as  ringtones, caller tunes etc.  Certain rights in the film were assigned to Polydor of India by an assignment deed of 1978. The rights assigned to Polydor of India were acquired by Defendant No. 3 i.e. M/s Universal…

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Kindle eBooks and Amazon Marketplace The Non Compliance Continues x

Kindle eBooks and Amazon Marketplace – The Non-Compliance Continues

Amazon's Kindle eBooks need no introduction. Everyone is aware of them, and since the launch of the Kindle eBook store in India, Amazon claims that its publisher and customer base is growing fast. In 2018, Amazon also launched Audible, its audio book store in India. So far, I have used the term Amazon loosely to refer to several of its entities. For purposes of this post, two entities of Amazon are relevant. One, Amazon Asia Pacific Holdings Private Limited (Amazon…

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Padamati Gali

The Wind from the West: Playwright Ananda Rao’s Padamati Gali

Note: This is not an IP post, and has only one reference to copyright protection. It comes; It changes; And it goes. It changes lives, lives of farmers, who provide food to the world. For many of us, the wind is nothing more than a phenomenon. But for farmers and their families, it is a life changing event. Seventy two years after independence, farmers in India continue to live uncertain lives. Their struggles are not much different from those before independence. The protests,…

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Facebook to Share Chats with Police, Artist Sues Ariana Grande, ‘Fiji Water Girl’ Suit, and more

Facebook to Provide User Chat Details for Sensitive Cases to Delhi Police, MEITy Invites Counter Comments on Draft Intermediary Rules, Vegas Artist Sues Ariana Grande for Using Art in Music Video, Creators of Netflix’s ‘Wild Wild Country’ Sued for Copyright Infringement, ‘Fiji Water Girl’ Sues Fiji Water for Unauthorised Use of Images, Spotify in Talks to Acquire Gimlet, TikTok and Sony Collaborate to Promote Thriller ‘Escape Room’ Copyright Quote The Copyright Bargain is a balance between protection for the artist and rights for the consumer. Robin Gross Copyright Statistics…

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