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Privacy / Data Protection

BananaIP Counsels > Privacy / Data Protection

Copyrights, Privacy and Antitrust This Week: Publishers Sue Audible, Google Ends Mobile Network Insights, Qualcomm to Keep “No License, No Chip” Policy, and more

Publishers Sue Audible over New Speech to Text Feature, Facebook Wins Appeal Against German Anti-Trust Order, Google Ends Mobile Network Insights for Telecom Operators, TikTok Warns Against Predators, CCI Orders Probe into Intel’s Warranty Policies in India, Qualcomm Wins Stay Order to Keep “No License, No Chip” Policy, and more. Publishers Sue Audible over New Speech to Text Feature Major publishers have jointly filed a copyright infringement suit in a New York Court against Amazon’s audio book company, Audible. They claim that Audible’s new Text-to-Speech feature called Audible Captions, is in clear violation of copyright law. The feature uses artificial intelligence...

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Swiss Supreme Court Finally Approves Registration of the Sign “APPLE”, Xiaomi Introduces Mimoji Similar to that of Apple’s Memoji, Federal Court Holds Amazon Liable for Defective Third-Party Goods, and more.

Copyright and Entertainment Laws News

Xclusive-Lee Responds to Gigi Hadid’s Fair Use Defence; Swiss Supreme Court Finally Approves Registration of the Sign “APPLE”; Xiaomi Introduces Mimoji Similar to that of Apple’s Memoji; Federal Court Holds Amazon Liable for Defective Third-Party Goods; Apple Music has Crossed 60 Million Subscribers; A&M Studio and OneLoop Collaborate to Expand Digital Music Distribution; Court Rules in Favor of Andy Warhol in a Copyright Infringement Lawsuit; Top Chinese E-Commerce Platform Shein Shuts Down Partially, and more. COPYRIGHT QUOTE "You may be in the photograph, but that does not give you the right to use it without permission of the photographer." – Dr. Kalyan C....

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Delhi HC Orders Against Unauthorized Broadcast of World Cup 2019, La Liga App Fined for Spying on Users, Amazon Invests INR 2800 Cr in India, and more

Copyright and Entertainment Laws News

Delhi HC Passes Order Against Unauthorized Broadcast of World Cup 2019; Madras HC Issues Interim Injunction Against Kolaiyuthir Kaalam; Karnataka Police Arrests Two Men for Abusive Video against Deve Gowda’s Family; Alex Jones Settles Suit with ‘Pepe the Frog’ Creator for USD 15,000; Lego Sues Lakeshore Learning for Infringement; US DOJ to Review Performance Rights Licensing Agreements; Spanish Football League App Fined for Spying on Users; Virat Kohli the Only Indian in Forbes’ 2019 List of Highest-paid Athletes; Aditya Birla Fashion Acquires Online Fashion Platform Jaypore ; Salman Khan Hike Stickers Launched for Salman Khan Film Bharat; Amazon Invests INR...

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Do’s and Don’ts for an Employment Agreement

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Original Date of Publication: November 26th, 2009 Do’s 1. Define the ownership of Intellectual Property created during the term of employment clearly. 2.Clearly state the extent to which IP will be transferred to the employer. 3. Ensure that Employee is obliged to execute all necessary documents and assists the Employer in transferring any Intellectual Property created by him during his employment to the Employer. Also incorporate provisions requiring employee's co-operation with respect to prosecution and litigation. 4. Ensure that Employee is obliged to refrain from using third party Intellectual Property without the permission of the Employer. Incorporate necessary safeguards in case of such a use...

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Do’s and Don’ts for a Non Disclosure Agreement

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Original Date of Publication: November 26th, 2009 Please note that the Do's and Don'ts provided hereunder are broad and non-exhaustive guidelines. Kindly consult a lawyer for specific advise. Do’s 1. Define the meaning of the term Confidential Information to cover all kinds of information that may be disclosed. Exclusions to confidential information may be included within the definition. 2. The purpose for which confidential information is provided must be lucidly stated in the agreement. 3. The parties permitted to access the confidential information must be clearly provided. 4. Ensure that the person receiving the confidential information is under obligation to sign stringent instruments of confidentiality...

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

NATIONAL E-COMMERCE POLICY DRAFT

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...

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Draft E-Commerce Policy Has a Long Way To Go

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...

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BananaIP’s Comments on the Draft Intermediary Rules, 2018

BANANAIP’S COMMENTS ON THE DRAFT INTERMEDIARY RULES, 2018

The Ministry of Electronics and Information Technology (MEITy) issued a notification on 24th December 2018 publishing the draft Information Technology (Intermediary Guidelines) Rules 2018 to replace the rules notified in 2011. The notification, published on the MEITy website, invited comments and suggestions on the draft rules. BananaIP has submitted its recommendations and suggestions to the Ministry, and awaits positive changes in the proposed rules. We appreciate the Ministry’s recognition of the widespread misuse of social media platform to spread fake news, and the Ministry’s resolve in drafting these rules to strengthen the legal framework to make intermediaries more accountable under the...

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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 Week, and more. Copyright Quote When you have wit of your own, it's a pleasure to credit other people for theirs. - Criss...

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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 one of its Take Down service providers, who automate most of the process and approach taking down links to infringing...

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