01 January 0001

IPR Amicus: January 2018

by Vindhya S. Mani

Rights of author in literary work and producer of cinematograph film - Madras HC clarifies scope in context of “dubbing” and “remake”

Madras High Court has recently held that “dubbing” of a cinematograph film does not constitute translation and instead falls within the ambit of the expression ‘communication to the public’. It was also held that the right to remake a cinematograph film or to make versions which are substantially similar to the original cinematograph film vests with the author of the script and said right does not constitute the producer’s right to copy a film or the right to communicate a film to the public under Section 14(d) of the Act. According to the author of the article in this issue of IPR Amicus, instant decision provides the much needed interpretation of the rights of persons under the Copyright Act in respect of a cinematograph film and clearly delineates the persons entitled to the right to dub and the right to undertake re-makes of films, and the ambit of the said rights under the Copyright Act. It is believed that this decision will go a long way in resolving many copyright disputes within the film industry…


Ratio decidendi

  • Government need not hold prior consultations with Drugs Technical Advisory Board to prohibit manufacture of a drug/cosmetic – Supreme Court observes that Section 26A is an additional power given to the Central Government which must be exercised on its own terms
  • No infringement on selling of replacement parts of a complex product by a third party – Court of Justice of European Union (CJEU) holds that provisions avoid creation of captive markets in certain spare parts
  • Trademarks – Protection of generic word bestowed with greater degree of burden of proof – Delhi High Court rejects protection of word ‘AYUR’ as trademark
  • Territorial jurisdiction of High Court – Completion of commercial transaction – Contention that due to the presence on the websites of some aggregators, the customers can do booking at Delhi and hence Delhi HC has jurisdiction, rejected – Delhi High Court


News Nuggets

  • Trademark passing off – Reputation of mark in India to be proved Read more


January, 2018/Issue-78 January, 2018/Issue-78

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