Mergers and acquisitions are among the most consequential transactions in commercial life. They involve the transfer of business value assets, revenue streams, operational capabilities, market positions from one set of owners to another, and they carry with them all the risks and liabilities that attach to the business being acquired. In an economy increasingly defined […]
Among the most persistent misconceptions in Indian intellectual property practice is the belief that copyright must be registered to exist. Authors, artists, software developers, filmmakers, and businesses that create original works routinely ask whether they need to register their copyright before they can enforce it, and whether an unregistered work attracts the full protection of
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Supreme Court of India | Dr. D.Y. Chandrachud & B.V. Nagarathna JJ. | 27 September 2021 Civil Appeal Nos. 5985-5990 of 2021 Background Section 31D was inserted into the Copyright Act, 1957 by the Copyright Amendment Act, 2012 (brought into force on 21 June 2012). It creates a statutory licensing regime for broadcasting organisations that
Saregama India Limited vs. Next Radio Limited & Ors Read More »
Visual creativity occupies a distinctive place in the copyright landscape. A photograph taken in a fraction of a second, a painting developed over months, a sculpture carved from stone, an architectural elevation drafted with precision each of these represents an act of creative expression that the law recognises and protects, yet each raises questions about
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Every grant of exclusive rights must, in a society that values both the reward of creative effort and the freedom of public access to culture and knowledge, have a defined limit. Copyright is no exception. The rights that the Copyright Act, 1957 confers upon authors, producers, performers and broadcasters are not permanent. They subsist for
Copyright Duration – Rules for Different Categories of Works under Indian Law Read More »
The question of whether a collection of information facts, data, references, records or other pre-existing material assembled into an organised whole deserves intellectual property protection is among the most contested and practically consequential in copyright law. At its core, it forces a direct confrontation with the foundational tension between two equally legitimate values: the interest
Copyright in Databases and Compilations under Indian Law Read More »
Chapter VIII of The Copyright Act, 1957 i.e. rights of broadcasting organisation and of performers in section 37 deals with Broadcast reproduction right and in section 38 with Performer’s right. The Copyright Act, 1957 is principally understood as a statute that protects authors, composers, writers, painters and filmmakers who create original works Yet creative industries
Performer’s right and Broadcast reproduction right under The Copyright Act, 1957 Read More »
High Court of Allahabad | Decided: 16 July 1980 First Appeals No. 8 of 1975 & No. 9 of 1975 Bench: Division Bench of the High Court of Allahabad Citation: AIR 1981 All 200 | 1980 SCC OnLine All 444 Background Late Sri Ram Naresh Tripathi was an eminent Hindi scholar, poet and litterateur of
Nav Sahitya Prakash & Ors. v. Anand Kumar & Ors. Read More »
The protection of computer programs under intellectual property law is one of the most consequential and contested questions in the history of modern legal systems. Software drives virtually every sector of the contemporary economy – from financial systems and medical devices to communications infrastructure and consumer entertainment. The legal framework that governs who owns software,
High Court of Delhi at New Delhi | Decided: 28 May 2009 RFA (OS) No. 25/2006 Bench: Division Bench of the High Court of Delhi Citation: 2009 (40) PTC 519 (Del) | 2009 SCC OnLine Del 1647 Background Microfibres Inc. is an American corporation engaged in the manufacture and commercial sale of upholstery fabrics, the