+91-80-26860424 / 34

Call Us Today

LinkedIn

Search
 

Privacy / Data Protection

BananaIP Counsels > Privacy / Data Protection (Page 2)

Do’s and Don’ts for an Employment Agreement

The image depicts a man writing.

  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...

Continue reading

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

The image depicts the scrabble letters of 'start'

  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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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

Continue reading

Planning the Right Privacy Policy for You and Your Visitors

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...

Continue reading

THE CONSENSUAL IS NO LONGER CRIMINAL

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...

Continue reading
Speak with an IP Expert Today
close slider
css.php