Examining the Complex Discourse Surrounding Local Working Requirements in India’s Patent Code

In this article the author argues the legal validity of Enconcore N.V. v. Anjani Technoplast Ltd. decision as questionable on account of its failure to deliberate over certain essential aspects. This article first, provides a comprehensive analysis of the verdict propounded in Enconcore. Second, it examines the legal positions that the court in Enconcore has overlooked. Third, it delves into the implications of the legal lacunae present in this judgement. Continue reading Examining the Complex Discourse Surrounding Local Working Requirements in India’s Patent Code

Analysing Controlled Digital Lending through the Prism of Fair Use and First Sale Doctrine under Copyright Law

In this article the author explores Controlled Digital Lending (CDL) within the context of Indian copyright law, examining its legality based on the First Sale Doctrine and Fair Use Doctrine. It debates how CDL, despite controversy, serves the public interest by offering access to knowledge, especially for those with physical limitations or in remote areas. Through an analysis of legal principles and court precedents, it argues that CDL aligns with fair use and the goal of copyright law to enrich society intellectually. Continue reading Analysing Controlled Digital Lending through the Prism of Fair Use and First Sale Doctrine under Copyright Law

Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

In this article, the authors delve into the recently passed Cinematograph (Amendment) Bill of 2023 and its objectives in addressing the persistent problem of film piracy in India. It introduces stringent provisions against unauthorized film recording and exhibition. The authors highlight that the success of the bill hinges on effective implementation and a multifaceted approach, emphasizing the necessity for collaborative efforts, technological interventions, and public awareness to shield the country’s entertainment industry from the widespread threat of piracy. Continue reading Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

RMLNLU International Legal Essay Competition (RILEC) Conference and Workshop, 2023, being organized on 7th April in collaboration with Nishith Desai Associates.

The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Nishith Desai Associates, is organising the 10th edition of the RMLNLU International Legal Essay Competition and Conference on Intellectual Property Rights and Technology Law (“RILEC”). The Conference and Workshop is to be conducted on 7th April, 2023 from 12 PM and 3 PM respectively. There will be a … Continue reading RMLNLU International Legal Essay Competition (RILEC) Conference and Workshop, 2023, being organized on 7th April in collaboration with Nishith Desai Associates.

Call for Entries: 10th RMLNLU-Nishith Desai Associates Conference and Legal Essay Competition on Intellectual Property Rights and Technology Law: Submit by 9 December 2022. (Extended)

The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Nishith Desai Associates is organising the 10th edition of the RMLNLU International Legal Essay Writing Competition (“Competition”). Continue reading Call for Entries: 10th RMLNLU-Nishith Desai Associates Conference and Legal Essay Competition on Intellectual Property Rights and Technology Law: Submit by 9 December 2022. (Extended)

Whose Photo is it, really?: Dichotomy of rights and copyrightability of paparazzi photographs

In this post, the authors argue that the Copyright Act, 1957 has not kept pace with the technological advances, such as the rise of social media giants and the concomitant growing legal discourse on the publicity rights of a celebrity. The authors in this article analyse dichotomy and suggest a balancing approach to accommodate the celebrity’s concerns of publicity rights as well as the paparazzi photographer’s copyright over the photograph. Continue reading Whose Photo is it, really?: Dichotomy of rights and copyrightability of paparazzi photographs

Copyrights and Comments: The Value of Opinions

In this post, the author discusses the ever increasing relevance of online comments and whether they carry value or not, and if they do, who is the rightful owner of the content. The author further analyses how the owner of such value carrying content may be determined and discusses a way forward to simplify the process for the Indian legal regime. Continue reading Copyrights and Comments: The Value of Opinions

The Difference that Matters: Claim Interpretation vs. Claim Construction in Patent Law

In this post, the authors attempt to highlight the difference between claim interpretation and claim construction in patent law, explain how claim construction is to be done in light of the standard set in Phillips v. AWH Corp. and weigh the priority of intrinsic evidence as against extrinsic evidence in determining the legal scope of a claim. Continue reading The Difference that Matters: Claim Interpretation vs. Claim Construction in Patent Law

Apple v. Smapple – Did the Japanese Patent Board Open the Floodgates by Weakening Trademark Protection In Japan?

By: Akash Anurag & Raja Reeshav Roy INTRODUCTION In a recent instance, the Japanese Patent Board (hereinafter ‘Board’) dismissed a trademark opposition claim against the registered trademark ‘Smapple’ on the grounds of less likelihood of confusion with Apple. The opposed mark ‘Smapple‘ was filed by a Japanese entity dealing in repair and maintenance of mobile phones in the year 2017 and the same after acceptance … Continue reading Apple v. Smapple – Did the Japanese Patent Board Open the Floodgates by Weakening Trademark Protection In Japan?

Fan Subbing: The Void of Speaking in Subtitles

By: Chitresh Baheti & Krati Sharma “Subtitling conventions are not set in stone and only time will tell whether these fansub conventions are just a mere fleeting fashion or whether they will… become the seed of a new type of subtitling for the digital space.”  – Diaz Cintas and Munoz Sanchez, 2006 Audio-visual translation represents an area where the tussle between the professional norms and … Continue reading Fan Subbing: The Void of Speaking in Subtitles