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 Venkata Raghavan
This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act. As is well known, copyright exists in any original literary, dramatic, musical works, sound recordings, cinematograph films, to name of few. No regi...
By Dr. Mukundan Chakrapani
It has been an explosive opening quarter for investments in early stage ventures. The information technology sector alone has attracted a whopping US$612 million of the over US$1 billion reported investments from January to March, 2015. Indeed, this must be music to the ears of the technocrats behind the Digital India (...
1st February, 2012
Twenty two European nations signed the Anti-Counterfeiting Trade Agreement (ACTA) on 26th January, 2012. The agreement is required to be ratified by the European Parliament before it can become law. The European Parliament is expected to debate it in June this year.
Last year, in December, Council of European Union had adopted the decision authorising the signing of AC...
9th January, 2012
Spain has enacted the ‘Sinde law’ to tackle online infringement. Originally part of the Sustainable Economy Bill, the provisions to tackle illegal file sharing/downloading were not passed in 2010.
The proposals to act against service providers who act with ‘direct or indirect lucrative intent’ or in any case cause or are capable of causing harm were seen as too broad. Als...
14th December, 2011
The Online Protection and Enforcement of Digital Trade (OPEN) Bill is the third in a series of bills which seek to effectively tackle the problem of on-line infringement. The US Congress has already been debating on two bills Stop Online Piracy Act (SOPA) Bill and the PROTECT (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2...
By Sudarshan S. Shekhawat
Generally speaking, all enabling publications before the priority date of claims of patents shall be anticipatory. Section 13(2) of the Indian Patents Act, 1970 (hereinafter ‘the Act’)(see end note 1), considers all such documents relevant for anticipation. However, there are exceptions to the above rule. Many jurisdictions provide that disclosures/publication wit...
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