Miscellaneous

  • The Eruption of Online Streaming Platforms and the Ensuing Issues of Copyright in India

    This piece has been authored by Isha Jagetiya , Institute of Law Nirma University INTRODUCTION: In the aftermath of the pandemic and the arrival of a Telecom Network like Jio, a massive chunk of the Indian population has found its way online. The number of people who avail of online video or music streaming services has…

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  • Navigating the Conundrum: In-House Counsels and Confidentiality Clubs in SEPs Licensing

    This piece has been authored by Shereen Moza,4th Year Student | Rajiv Gandhi National University of Law, Punjab Keywords: Standard Essential Patents (SEPs), FRAND, Confidentiality Clubs, Delhi Original Side Rules, 2018, Intellectual Property Division Rules, 2022 Fair, Reasonable, and Non-Discriminatory (FRAND) rate in licencing is a crucial tenet in the complicated world of patents and…

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  • Navigating Indian Copyright Framework in the Age of AI generated Works

    (This article is written by Shashank Tripathi, III-Year Student at The Rajiv Gandhi National University of Law, Patiala) INTRODUCTION Imagine losing an art competition to an artwork made by an Artificial Intelligence program that turns lines of text into hyper-realistic graphics. Human artists were left infuriated when the Colorado State Fair awarded Jason M. Allen with a…

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  • High Court and Jurisdictional Conundrum Vis-à-vis the Trademarks Act

    This piece has been authored by Prabhu Gupta (III year Student, Hidayatullah National Law University) In this article, the author examines recent conundrums caused in the Trademarks Act post the enactment of the Tribunal Reforms Act passed by the Parliament in 2021 which amended various statutes and inter alia, abolished the Intellectual Property Appellate Board…

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  • Tech vs Privacy: The Need For Trade-off

    [This piece has been authored by Saurabh Sinha, an independent researcher in New Delhi.]   Introduction On August 25, 2022, The Delhi High Court rejected an appeal by WhatsApp and Facebook against the Competition Commission of India’s order for a probe into the updated privacy policy of WhatsApp. A Constitution Bench of the Supreme Court is…

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  • Arbitrability of IP Licensing Disputes

    [This piece has been authored by Palak Jain, a student at the Institute of Law Nirma University.]   Introduction It is normal for an organization, regardless of size, to have a portfolio of Intellectual Property (IP) and to be involved in several licensing arrangements with multiple market participants throughout the jurisdiction. Because of globalization and the…

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  • The Right to be Forgotten as a subset of Informational Privacy and its enforcement against private entities

    [This piece has been authored by Gaurav Pratap, a student at the Dr Ram Manohar Lohiya National Law University, Lucknow] The IT Rules for protection of Sensitive Personal Data (SPDI Rules) lays down the broad principled framework for privacy legislation, while the judicial recognition of the right to privacy and its enforcement against private entities was…

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  • Jurisdictional Hassle: Extent of CCI’s Jurisdiction in IPR Matters

    [This piece has been authored by Saumya Mittal, a student at the Gujarat National Law University.]   INTRODUCTION The inter-relation between Intellectual property rights and Competition Law has always been antithetical and is often considered inconsistent within a legal framework. If one wants to get IP rights, then there’s always a chance of abuse of that…

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  • Art for Art’s Sake? Analyzing the tryst of AI-generated art & the IP Regime

    [This piece has been authored by Niranjana Biju, a student at the National University of Advanced Legal Studies, Kochi.] INTRODUCTION The brainchild of any entity (emphasis on the term “entity”) may not exist in the form of tangible property, yet it finds itself protected under the broad ambit of intellectual property law. A question may…

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  • IP FINANCING IN THE INDIAN LEGAL CONTEXT

    [This piece has been authored by Raunak Rai Maini, a student at the National Law University, Jodhpur.] Abstract This article seeks to highlight the emerging need for a statutory mechanism that could facilitate collateralization of Intellectual Property (IP) assets by traditional banks that primarily demand a tangible asset for extending credit in the backdrop of…

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