Copyright Societies directed to refrain from collecting royalties for musical performances and sound recordings during marriage functions
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Ramani KS
8M ago
The Copyright & Design Section operating under the Department of Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, Government of India by Public Notice dated July 24, 2023 has addressed concerns surrounding the alleged collection of royalties by Copyright Societies for musical performances and sound recordings during marriage functions. These concerns primarily center around potential infringements of Section 52 of the Copyright Act 1957, which precisely delineates specific actions that do not constitute copyright infringements. Notably, within Section ..read more
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India: Losing rank in ease of Piracy
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
1y ago
Indian business owners are constantly worried about the Ease of doing business, but yet they were not aware of one ranking where the country was in the top 10 places once. It is the Ease of doing Piracy. Twenty years back computer and computing services were very rare thing that was used only for exceptional activities, but now it has become a necessity for everything. When computers started to become the norm for every business in the first decade of the 21st century, businesses had to incur a huge overhead cost in upgrading the physical records and data into digital files. Business owners we ..read more
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Delhi High Court Rules in Favour of Microsoft Corporation in 12-Year Copyright Infringement Case, Grants Permanent Injunction and Awards Damages
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Raja Selvam
1y ago
Microsoft discovered that the defendants were illegally using its software products, including Microsoft Windows, Microsoft Office, and Windows Server. Upon investigation, it was found that the defendants had 130 computer systems, most of which had Microsoft’s software installed on them, but the licenses held by the defendants did not match their usage. This indicated that the defendants were engaging in the unlicensed use of Microsoft’s software products. Despite repeated requests from Microsoft, the defendant refused to conduct a Software Management Assessment Review Program to evaluate the ..read more
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Pre-Litigation mediation in Intellectual Property matters in India
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
1y ago
The Commercial Courts Act (hereinafter referred to as “the Act”) was enacted in 2015 to establish a definite procedural framework for dealing with commercial disputes. Commercial disputes include any dispute arising out of trade relationship between parties such as mercantile documents, partnership agreements, franchising, distributions, joint venture, intellectual property rights, etc., its interpretation and enforcement. Thus, Commercial Courts are made to resolve business issues such as fraud, breach of contract, unfair trade practices etc. This act was enacted to reduce the burden on ..read more
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Revisiting Copyright law and Artificial Intelligence – Part 1
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
2y ago
What is Artificial intelligence? Simply put Artificial intelligence (AI) is non biological intelligence. But what is ‘intelligence’? Well, there is no conclusive answer to the definition of ‘intelligence’ and over the years there is no agreement even among AI researchers on the definition of ‘intelligence’. To paint a broad picture, intelligence means the ability to solve complex problems. Intelligence in reference to Artificial intelligence is divided into narrow intelligence and general intelligence. Artificial Narrow Intelligence (ANI) is the ability to solve a single or narrow range of tas ..read more
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Indian Copyright (Amendment) Rules, 2021
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
3y ago
While the country and the entire world is continuing its fight against the COVID-19 pandemic, offices and governments across the entire globe have not stopped working and have always ensured the best for its countrymen. Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021. It is also pertinent to note that this move comes right before the recent abolishment of the Intellectual Property Appellate Board (hereinafter referred to as ‘IPAB’). Th ..read more
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Renewal of Customs Recordal in India
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
3y ago
In this current age, with counterfeit goods on the rise, measures such as recording one’s intellectual property with the customs authority in order to curb infringement is a necessity. More information regarding the procedure and requirements for recordal with the customs authority are available here and here. It is pertinent to note that although World Intellectual Property Organization (WIPO) has specifically mandated that trademarks and copyrights be protected under Articles 51 to 60 of the Agreement on Trade-Related aspects of Intellectual Property Rights (the TRIPS Agreement), the In ..read more
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News of the World – Tech platforms and the News industry
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
3y ago
The Australian government recently passed legislation that has the potential to completely rework the way in which news is disseminated on the internet. The Australian News Media Bargaining Code, passed by the Australian legislature in February 2021, seeks to mandate that Big Tech companies like Google and Facebook pay news producers in order to use their content. The timing of the move appears in line with developments around the world, with calls to regulate Big Techs seen all across the globe.   Blue photo created by www.slon.pics – www.freepik.com For context, under the previous Austr ..read more
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INDIA – Lifting of extension of deadlines due to COVID-19
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
3y ago
To alleviate the difficulties faced by lawyers and litigants across the country due to the nationwide lockdown imposed due to the COVID-19 pandemic, the Supreme Court on 23rd March 2020 passed an order in In Re: Cognizance for Extension of Limitation granting an indefinite extension of the limitation period in all proceedings, irrespective of the limitation prescribed under General law or Special Laws whether condonable or not, with effect from March 15, 2020. Subsequently, the CGPDTM and the Delhi High Court passed several orders, the timeline of which has been dealt with in detail in our pre ..read more
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Legal Notices in Intellectual Property Right cases: A slippery slope?
Selvam & Selvam | Intellectual Property Law firm » Copyrights
by Editorial Staff
3y ago
More often than not, when a “bona fide” proprietor of the trademark (I use the term “bona fide” rather loosely here) finds unauthorized use of their mark by a third party, the first step taken (often) is to send the other party a legal notice. While some legal notices sent/received are convoluted and packed with legal jargon, some are brief and get the message across. A legal notice simply outlines the rights of the sender (“bona fide” proprietor) and cautions the infringing party to refrain from unauthorized use of the intellectual property. Legal Notices are also a preferred method of bringi ..read more
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