In a latest, landmark and laudable judgment titled Venkatesan Balasubramaniyan vs. The Intelligence Officer, D.R.I. Bangalore in Criminal Appeal No. 801 of 2020 (arising out of SLP(Crl.) No. 1820/2019 along with two other Criminal Appeals delivered most recently on November 20, 2020, the Apex Court has clearly, categorically and convincingly held that a ‘default bail’
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SpicyIP Weekly Review (September 14 – 20)
Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11,
... Continue Reading.A new IPAB Chairperson? Maybe, maybe not
We’re pleased to bring you a guest post by Praharsh Gour highlighting the recent Call for Applications put out for the post of the IPAB Chairperson, along with AIPPI’s application for extending the incumbent Chairperson’s tenure yet again. Praharsh is a graduate from Hidayatullah National Law University, Raipur and is presently an LL.M. candidate at
... Continue Reading.Onerous Copyright Licensing, Fair Dealing and Alternatives to TikTok
Image from here Content sharing platform TikTok is the first among the list of apps in the Indian government’s recent Press Release, announcing a ban on 59 Chinese applications due to concerns such as threat to “sovereignty and integrity of India.” As mentioned in an insightful piece by Ameet Datta, there are many copyright obstacles
... Continue Reading.SpicyIP Weekly Review (June 15 – 21)
Topical Highlights Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Image from here Divij wrote on the matter of Dainik Jagran suing Telegram for copyright infringement for the circulation of ‘e-papers’ through open Telegram Channels. He analyzes the order that granted an interim
... Continue Reading.Why Indian Courts have Lots of Pending Cases?
English Politician and also the former Prime Minister, Sir William Edwart Gladstone (1809-1898) quoted “Justice delayed is justice denied”. This phrase implies that denial of ‘Timely Justice’ amounts to ‘Denial of Justice’ itself. These two are integral to each other. Timely disposal of cases is essential for maintaining the rule of law and providing access
... Continue Reading.Offence of Copyright Infringement Cognizable or Not? : Still a Catch 22 Situation!
Image from here We’re pleased to bring to you another post by our intern, Bhavik Shukla, discussing whether the offence of copyright infringement under section 63 of the Copyright Act is cognizable or not. Through the post, he notes the impact of the classification of the offence on creativity and free speech. Bhavik is a
... Continue Reading.Trademarks for Digital Currencies
Image from here The difficulty in defining virtual/crypto-currencies and its accompanying challenges has been beautifully captured by the prolific raconteur Justice V. Ramasubramanian in a recent judgment examining the validity of the RBI’s position in respect of virtual currencies, as: “Any attempt to define what a virtual currency is, it appears, should follow the Vedic
... Continue Reading.Admissibility of Arbitration Clause in Insufficient Stamped Agreement
Friday February 28, 2020. BY Sailee Pansare | Arbitration and Conciliation A three bench judge of the Supreme Court comprising of CJI S.A. Bobde, Justice BR Gavai and Justice Surya Kant in a recent judgment M/s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities & Ors. Versus M/s Bhaskar Raju & Brothers &
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