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John Doe Orders and Website Blocking Orders in India: An Overboard Exercise by the Courts?
[This post has been authored by Neha Uppin, a student at the National Law University, Odisha.] Introduction Online Piracy of copyrighted works is at an all-time high in this digital era. We have seen instances of latest movies being illegally streamed on the internet right after their theatrical release. In order to curb this menace,…
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The Exigency of Anti-Troll Laws in India: A Critical Analysis
[This post has been authored by Amartya Sahastranshu Singh and Kumar Dhruv, students at the National University of Study and Research in Law, Ranchi.] Recently, Tanishq released an advertisement that mustered up colossal outrage on social media. The advertisement showed a pregnant Hindu woman, married into a Muslim family who was performing a Hindu ritual…
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FTC v. Qualcomm: A Flawed Judgement?
[This post has been authored by Daanish Dube and Pranay Dixit, students at Jindal Global Law School.] Factual Background On 9th August 2020, the 9th Circuit Federal Court of the United States (the “Court”) gave a decision involving the Federal Trade Commission (“FTC”) and arguably, the world’s biggest tech giant – Qualcomm Inc. According to…
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Reverse Payment Patent Settlement Agreements: Revisiting Non-Cash Value Transfers
[This post has been authored by Juhi Hirani, a student at the Institute of Law, Nirma University.] Introduction Patent rights are recognized as a reward for the inventor’s investment and innovation. In the pharmaceutical industry, such an exclusive patent right for a limited period plays an important role due to the quantum of investment in…
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Battle of Marks: The PS5 Trademark Conflict
[This post has been authored by Rohit Pradhan and Srishti Sneha, students of Symbiosis Law School, Hyderabad.] Introduction The term ‘well-known trademark’ is defined under Section 2(1)(zg) of the Trade Marks Act, 1999 (the “Act“). It states that a well-known mark is one that is known by a considerable portion of the population which…
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Webinar Recordings and Copyrights: A Complex Affair
[This post has been authored by Amisha Agarwal, a student at Hidayatullah National Law University, Raipur.] Introduction Webinars have become an easy and effective mode of imparting knowledge and information in different fields. This platform has helped students and other academic enthusiasts to connect virtually to discuss recent developments and issues in their respective fields.…
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The Effect of Disclaimers of Non-exclusivity on Passing Off
[This post has been authored by Vishnu Naduvakkad, a student at School of Law, Christ (Deemed to be University).] Introduction Trademarks as a concept arose with the primary objective to distinguish one entity or product from another which gives rise to the uniqueness and individuality of the product. However, generic trademarks are seldom protected by…
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Brompton Bicycle Case unfolds: CJEU grants Copyright Protection to Functional Designs
[This post has been authored by Neha Mehta, a student at Kirit P. Mehta School of Law, NMIMS.] Quoting Robert L. Peters, “Design creates culture. Culture shapes values. Values determine the future.” Designs are a way of expressing one’s thought and creativity. Protection of functional shapes is not a mere concern of patent law.…