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Image accompanying blogpost on "CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors."

CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

Facts: The Petitioner, Phonographic Performance Ltd., a company registered under the Companies Act, 1956, was a registered copyright society. It had assigned the copyright in various sound recordings for communication to the public in the area of public performance and broadcast, through which it owned/controlled the public performance rights of more than 350 music companies with 3 million international and domestic sound recordings. It provided a single window for various parties seeking a license for authorised use of sound recordings.…
Copyrights, Intellectual Property August 23, 2022 1550Views 0Like

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Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

Boehringer Ingelheim International GMBH vs The Controller Of Patents & Anr. on 12 July, 2022 Delhi High Court Facts / Background The Applicant, Boehringer Ingelheim International GMBH, had filed a National Phase PCT Application on 14th November, 2008, for 'Use of IV Inhibitors'. The patent specification had Claims numbered 1 - 18, with two claims numbered as 15, which were referred to as 15 and 15A. The First Examination Report ("FER") was issued on 24th March, 2014, in response to…
Intellectual Property, Patents August 23, 2022 1121Views 0Like

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Weekly News Update: Copyright and Entertainment Law

This is a weekly post on copyright and entertainment laws. FIR filed against creators of ‘Laal Singh Chaddha’  In light of the various controversies surrounding Paramount Pictures’ latest release, ‘Lala Singh Chaddha’, the creators of the film, as well as some of the leading actors, have recently become the subject of a First Information Report filed before the Commissioner of Delhi Police. The FIR alleges that the film contains certain scenes, dialogues, and plot lines, which are violative of Sections…
Copyrights, Intellectual Property, Media and Entertainment Law August 19, 2022 798Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: A piracy of 'Torts'  In the matter of Allahabad Law Agency v. Amazon Retail India Pvt. Ltd. & Ors., the plaintiff sought for permanent injunction against several sellers on the defendant's platform who have been found selling pirated versions of the book- 'Law of Torts' by Dr. RK Bangia. A Delhi Court, understanding the gravity of the situation, has passed an ex-parte ad-interim injunction restraining the defendants and several others from either…
Geographical Indications (GI), Intellectual Property, Trademarks August 19, 2022 708Views 0Like

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Weekly Anti-trust and Privacy Updates

This week’s anti-trust and privacy updates are as follows: Federal Court of Australia finds Google Inc. in Breach of Local Consumer Laws The Federal Court of Australia, in 2021, had found Google in partial breach of local consumer laws. Google was found to be misleading users about collection of personal data such as location via Android mobile devices. Google conceding to the charges has agreed to pay a $60 million fine to the Australian Competition and Consumer Commission. Disney Settles Anti-trust Suit…
Intellectual Property, IP and Antitrust/Competition, Privacy / Data Protection August 18, 2022 630Views 0Like

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Indian IP Office invites entries for National IP Awards, 2021 and 2022

On 2nd August, 2022, the Indian IP Office has opened up submissions for the NATIONAL INTELLECTUAL PROPERTY AWARDS 2021 & 2022. As stated in the announcement the objective of these awards is: “Objective: National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization, which have contributed towards strengthening IP eco-system in the country and in encouraging creativity and innovation. National IP Awards…
Biological Diversity, Copyrights, General, Geographical Indications (GI), Industrial Designs, Intellectual Property, IP Valuation, Patents, Plant Varieties, Trade Secrets, Trademarks August 18, 2022 1085Views 1Like

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Indian IP Cases Report, 2021

BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version] Structure of the Report The Report is structured based on the primary…
Copyrights, General, Industrial Designs, Intellectual Property, Patents, Trademarks August 17, 2022 1441Views 0Like

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Principles for filing Divisional Patent Applications in India

Principles for filing Divisional Patent Applications in India

After the establishment of the IP Division, the Delhi High Court has been clarifying different aspects of patent law through its lucid and well-written judgments. In a case decided on 12th July 2022, the Court has clarified and succinctly put together principles pertaining to the filing of divisional patent applications. While rejecting the validity of a divisional application  including product claims pertaining to DPP IV inhibitors because the parent application included only use and process claims, the Court stated as…
Intellectual Property, Patents August 11, 2022 1911Views 0Like

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Weekly Anti-Trust and Privacy Updates

Weekly Anti-Trust And Privacy Updates

This week’s anti-trust and privacy updates are as follows: CCI Proposes Higher Scrutiny for Mergers and Acquisitions The CCI, in its Competition (Amendment) Bill, 2022 draft, proposed stringent rules of scrutiny on mergers and acquisitions in India. The regime presently requires the Companies to have a minimum threshold in assets or turnover in India to attract CCI scrutiny. This provides a loophole for Global Tech Giants with low assets and turnover in India to operate outside the scrutiny of CCI.…
Intellectual Property, IP and Antitrust/Competition, Privacy / Data Protection August 10, 2022 640Views 0Like

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Weekly Anti-trust and Privacy Updates

This week’s anti-trust and privacy updates are as follows: CCI approves Axis Bank acquisition of Citi Corp The CCI, last week, approved Axis Bank’s Rs. 12,325 Cr. acquisition of Citi Bank NA and Citicorp Finance India Limited. Axis Bank, as per the deal, would be acquiring all of Citi’s consumer banking activities. Citi’s credit cards, personal loans and wealth management business would be transferred to Axis Bank. The acquisition is expected to close by September 2024. CCI approves Greenforest acquisition of stake…
Intellectual Property, IP and Antitrust/Competition, Privacy / Data Protection August 3, 2022 883Views 0Like

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