High Court of Delhi at New Delhi | Decided: 9 December 2016 RFA (OS) 81/2016 Bench: Division Bench Hon’ble Mr. Justice Pradeep Nandrajog & Hon’ble Mr. Justice Yogesh Khanna Background The appellants (plaintiffs before the learned Single Judge) were five academic publishers: Oxford University Press, Cambridge University Press (UK), Cambridge University Press India Pvt. Ltd.,
The enforcement of intellectual property rights has never been straightforward in any jurisdiction, but the particular challenge of acting against infringers who cannot be identified, located, or who are likely to destroy evidence or dissipate assets before a court can reach them has demanded a category of remedies that go well beyond the conventional interim
John Doe orders in Indian IP law – Anton Piller, Mareva and identity-unknown defendants Read More »
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
High Court of Delhi at New Delhi | Decided: 23 December 2016 FAO (OS) 540 of 2011 Bench: Hon’ble Mr. Justice S. Ravindra Bhat & Hon’ble Ms. Justice Deepa Sharma Citation: 2016 SCC OnLine Del 6382 | 236 (2017) DLT 478 Background The present judgment arises from the appeal filed by MySpace Inc. against the
India is one of the largest film-producing nations in the world. The Indian film industry encompassing Bollywood, the Tamil, Telugu, Malayalam, Kannada, Bengali, Marathi and numerous other regional language industries produces more films annually than any other country and commands a domestic and diaspora audience of enormous size and passionate engagement. The commercial value generated
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
Copyright Registration in India – Procedure and Evidentiary Value Read More »
International intellectual property law rests on a web of multilateral treaties and conventions that establish minimum standards of protection, define reciprocal obligations among member states and create the framework within which domestic copyright systems operate. At the centre of this web, for copyright, is the Berne Convention for the Protection of Literary and Artistic Works
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
Copyright in Photographs and Artistic Works in India Read More »
The relationship between an author and a publisher is among the oldest and most commercially consequential in the creative economy. It is a relationship built on a fundamental asymmetry: the author possesses the creative work and the copyright that protects it, while the publisher possesses the infrastructure, expertise, distribution networks and capital required to bring