22 March 2019

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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...

21 March 2019

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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...

15 February 2019

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

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law, Sports Law

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...

14 February 2019

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Intermediaries, Marketplaces and Take Down Actions

Posted by Dr. Kalyan C. Kankanala

in Copyrights, General, Intellectual Property, Privacy / Data Protection

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...

08 February 2019

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

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection, Publicity Rights, Publicity Rights/ Celebrity Rights, Social Media Law

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 There is an increase of 14% in the total number of copyright applications filed last week as compared to the previous week....

14 October 2018

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Planning the Right Privacy Policy for You and Your Visitors

Posted by BananaIP Reporter

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

The image depicts the word Privacy written using scrabble tiles as the post is about having the right privacy policy.

First Publication Date: 4th February 2008 Over the past few months, demands for increased privacy regulation have taken center stage as increasingly private transactions move to the Internet. According to The New York Times, the Clinton Administration plans to impose privacy regulations on health care information in the waning weeks of his presidential term. Companies are faced with renewed pressure to update privacy policies as tracking technologies change and consumer concern grows. Privacy policies are not generic and must be tailored to the industry and to the activities promoted at the Web site. Nonetheless, there are certain basic principles that all policies...

08 September 2018

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THE CONSENSUAL IS NO LONGER CRIMINAL

Posted by BananaIP Reporter

in General, Intellectual Property, Privacy / Data Protection

Image contains a rainbow flag. click here to read more

We’re fundamentally an Intellectual Property resource. However, we believe the verdict in question here, striking down Section 377, is a historic moment in our vast legal landscape, and thus worthy of mention. Further, this verdict has implications on privacy laws, and hopefully on a societal outlook that will spur changes in a multitude of other areas of law, many of which are yet to be analyzed in this specific respect. On September 6th, 2018, the Supreme Court of India struck down parts of Section 377 of the Indian Penal Code, largely on the basis of the 2017 Supreme Court decision in...

04 September 2018

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 5

Posted by BananaIP Reporter

in Intellectual Property, Privacy / Data Protection

The image features the word Private. Click here to read more

Full text of the proposed bill can be accessed here. Penalties and Compensation A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically applicable provisions of the Bill. In case of breach of the following obligations, the data fiduciary may be liable for penalty up...

03 September 2018

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

Posted by BananaIP Reporter

in Intellectual Property, Privacy / Data Protection

Full text of the proposed bill can be accessed here. Data Localization This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions. The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40). However, this obligation is not absolute, and allows for transfer of certain personal data under limited circumstances, as discussed below. Personal data, except sensitive personal data, may be transferred outside India under the following conditions: the transfer is made...

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