5 September, 2014
Exception for use of copyrighted material in parody is the flavour of the season in UK. Since the recommendation in Hargreaves review in 2011, statutory protection for use in parody has been taken up and is likely to come into effect later this year. What is parody and when does it cease to be fair use are intriguing questions and could yield as many answers are there are fa...
5 September, 2014
Novelty in design and novelty in arguments don’t always translate into the desired results in the IP world. Fresh from very engrossing Kiddie trunk cases, the UK High Court [(2014) EWHC 2845 (IPEC)] recently examined buoyant flying toys shaped like fish. Both parties devised and sold toys. The defendant sought to prove that the claimant’s patents were invalid. The particular...
22 August, 2014
Allahabad High Court has quashed the order granting injunction restraining the defendants-appellants (Apex Laboratories Pvt. Ltd.) from using the “green dot” on the label of the packaging of its product “Zincovit Syrup”. The court in this regard held that green dot inside a square outlined by green colour is a symbol for which copyright cannot be claimed by anybody as the symb...
28 July, 2014
The Bombay High Court on 26-6-2014 has held that only a society registered under Section 33(3) of the Copyright Act, 1957 (amended in 1994), can carry on the business of issuing and granting licenses. The plaintiffs (Leopold Café) had been served notices in respect of certain ‘public performance’ of copyrighted material by the defendant (Novex Communications).
28 July, 2014
The US Supreme Court on 25-6-2014 held that in enabling subscribers to view broadcast of copyrighted content, using individual antennae, both elements of ’performance’ and ‘public’ were satisfied and such activity amounted to infringement. In the instant case (American Broadcasting Companies v. AEREO), the defendant transmitted content by means of individual antenna to subscrib...
20 June, 2014
An opinion and a judgement, on either side of the Atlantic Ocean published within a span of five days dealt with exceptions from copyright available to institutions when books – copyrighted or otherwise were digitised and made available to the public.
In the case before CJEU, the Advocate General opined in Case C-117/13 on 5-6-2014 that Member States may authorise libraries ...
26 May, 2014
Drawing/design which is an artistic work under the Copyright Act, as also under the Designs Act, 2000, if not registered under the latter Act, will have protection under the Copyright Act only till the design is used not more than 50 times by an industrial process to produce an article. Deliberating on provisions of Section 15(2) of the Copyright Act, 1957, the Delhi High Court i...
20 February, 2014
Providing clickable links which lead the user to copyrighted material otherwise available to public is not unauthorised communication. Answering a reference from Svea Court of Appeal (Sweden ), the CJEU has ruled that in order to be ‘communication to the public’ as per Article 3(1) of Directive 2001/29, it must be also be directed at new public. In the instant case, the def...
16 January, 2014
‘What one man can invent, another can discover’ – Arthur Conan Doyle’s words spoken through Sherlock Holmes on deciphering the code which used figures of dancing men. Perhaps, it could apply to the imagination of a creative human mind. Do characters/elements develop till the last work of the author or can they be vivisected?
The Conan Doyle estate asserted that the charact...
2 December, 2013
Scanning of books and providing access to digital library
The Authors Guild (plaintiff) claimed that by scanning more than twenty millions books, providing verbatim snippets of text to aid in searching and retaining scan copies of books, providing such complete scans to libraries, Google (defendant) had infringed their rights. After over eight years of litigatio...
9th May, 2013
Infringement due to creation of transient or temporary copies being made in course of transmission though legal by itself has been debated time and again. The latest in this series is Public Relations Consultants Association Limited v The Newspaper Licensing Agency Limited and others, in the Supreme Court of UK.
Overturning the decision of the lower courts which found infrin...
By Rishika Sharath
Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it. Recently, the Karnataka High Court indirectly applied this doctrine in the field of trademark law.
Dated: Nov 16, 2016
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