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November 2016

IPR Amicus: September 2016

Article

Internet broadcasting companies to come within the ambit of statutory licensing

Article in this issue of IPR Amicus deals with statutory licensing of copyrights under the Copyright (Amendment) Act, 2012. Deliberating on various provisions of the Amendment Act and the Copyright Rules 2013, the author is of the view that all internet broadcasting organizations communicating work to the public will now be required to pay royalty fixed by the Copyright Board.

 

Ratio decidendi

  • Photocopying of portion of a book for distribution to students as part of course material, is not infringement of copyright ‒ Delhi High Court
  • Passing off in trade dress ‒ Public interest and confusion are of utmost concern ‒ Delhi High Court
  • Trademarks ‒ Not every domain name is entitled to trademark protection ‒ Bombay High Court
  • Trademarks ‒ Opposition or non-grant of registration, or holding of registration by others is immaterial in case of passing off ‒ Delhi High Court
  • Trademarks ‒ Detailed consideration of arguments is not required during pendency of suit ‒ Supreme Court
  • Copyrights - Prior to amendment in Copyright Act, 1957 in 2012, author of a work (song) could not claim royalty for further exploitation of derivative work (sound recording) ‒ Supreme Court

 

Statutory Updates

  • Deputy Registrar Court to be constituted to take up cases for hearing with reference to the administrative process of maintainability of abandonment applications, appeals with defects, etc.

 

September, 2016/Issue-62 September, 2016/Issue-62

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