Copyright protection given to “cinematographic films” is at par with other original works.
Yash Raj Films Pvt. Ltd. (plaintiff) filed a copyright infringement case against Sri Sai Ganesh Productions & Ors. (defendant) alleging that the Telugu movie, Jabardasht, was a blatant copy of the plaintiff’s movie, Band Baja Baaraat, and there were substantial and material similarities in terms of theme, concept, plot, character, sketches, story, script, form and […]
Does copyright exist in a ‘title’ of a literary work in isolation?
A movie titled ‘Kolaiyuthir Kalam’ which roughly translates to ‘Season of Death/Murders’ starring Nayanthara was in dispute not because of its storyline but because of its title. The defendants were set to release their movie titled ‘Kolaiyuthir Kalam’, which was the tile of a novel authored by a famous Tamil writer, Mr. S. Rangarajan, who […]
Media Law & Fashion Law in India
Intellectual property law and the law governing the media are rapidly evolving while becoming increasingly complex. In the age of rapid social media advancement, protection of intellectual property has become a major concern for not only the owners of these rights but also for the lawmakers; and the Indian Courts are proactively working to safeguard […]
Recent judgement affecting the arbitration regime
Recently, the Bombay High Court ruled that stamping of document is not necessary for the appointment of arbitrator. However, within few days post this judgment, the Apex Court overruled it and held that stamping of document is required for the appointment of arbitrator. Such uncertainty of the law discourages the parties to make India as […]
Intellectual Property Rights: What’s in a name?
The beginning of this year has seen major developments in the IP Sector. From the Cinematograph (Amendment) Bill, 2019, which has introduced penal provisions for unauthorised camcording and duplication of films, to some noteworthy rulings to further strengthen protection of IP rights; This newsletter aims to bring to you the latest updates in the IP […]
The Insolvency and Bankruptcy Code at work
In 2016, India embarked on its journey of building a dedicated framework for resolving cases involving insolvency and bankruptcy, and in no time the National Company Law Tribunals (NCLTs) started approving revival of bad loans. Today, we bring to you some reformative judgments of the last month that will be paving the road ahead. Supreme […]
Arbitration – Institution Rules Update
Hong Kong International Arbitration Centre introduces New Rules The 2013 Hong Kong rules have been revised to add provisions for use of technology to benefit the process of arbitration. The process for revision of the Rules began in August 2017 and after a year of consultation with the interested groups and users in Hong Kong, […]
Issuance of New Rules of the Court of International Commercial Arbitration
Chamber of Commerce and Industry of Romania In Romania, the Rules of the Court of International Commercial Arbitration which are linked with the Chamber of Commerce and Industry of Romania (hereinafter “C-C”) have been revised in order to provide an efficient and effective way to settle a dispute through arbitration. The new rules lay down […]
Settlement of disputes in Draft Withdrawal Agreement on Brexit
The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community unveiled on the 14th of November, 2018, lays down a new mechanism for settlement of disputes through arbitration arising between the European Union and United Kingdom (Article 170 to […]
A paradigm shift – Intellectual Property Rights in India
Last year was driven by introducing new technologies in the IPR circuit in India, the most significant of them all being the proposal of the Controller General of Patents, Designs and Trademarks to Introduce AI, Blockchain, Internet of Things and other technologies in IP Enforcement. It also paved the way for the Union Government approving […]
