Copyright

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Unpacking copyright and moral rights in translations

The Literature Nobel Prize Winner, Jose Saramago, from Portugal, is reported to have said, “Writers make national literature, while translators make universal literature.” Truly, some of the greatest works in literature, both Indian and foreign, would have remained alien to us had it not been for translations. Anna Karenina, Don Quixote, Madame Bovary, One Hundred Years of Solitude, Raag Darbari, One Part Woman… these are just some examples. As the Indian literary market gets increasingly flooded with translations into English, and cross-translations across other Indian languages, interesting questions emerge for both publishers and authors. ...
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Govt reconsidering limits on royalty payouts to foreign...

The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. These limits were last applied in India nearly a decade ago. ...
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Ex parte interim injunctions require careful considerat...

Intellectual property lawsuits are often about obtaining interim relief in the form of injunctions against parties, sometimes without the court giving them an opportunity to be heard. Usually, the court considers factors of whether a prima facie case has been established, if balance of convenience lies in favour of the complaining party, and whether irreparable loss is likely to be caused if such relief is not granted. ...
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Verification of Registered Office Address

On 21st February, 2019, the Ministry of Corporate Affairs (MCA) notified the Companies (Incorporation) Amendment Rules, 2019 ("Amendment Rules") directing every company incorporated on or before 31st December, 2017 to file E-form INC – 22 A to verify their registered office. This move of the government along with other newly introduced stringent compliances such as director KYCs, is with the aim to tighten the noose around dummy entities....
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Copyright irrelevant for proving use as trademark

Can an artwork that is under copyright be relied upon for obtaining trademark registration? The Delhi High Court recently disagreed, holding that copyright registration was “extraneous” to trademark registration, overturning a decision of the Intellectual Property Appellate Board (IPAB) in this regard....
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Copyright and the Right to Information

Can a request for information under the Right to Information Act, 2005 (“RTI Act”) be denied on grounds of being the copyright of a third party? This was one of the questions that a Two Judge Bench of the Supreme Court of India recently dealt with. The case related to the issue of disclosure under the RTI Act, where a person sought information regarding the plans submitted to public authorities by a real estate developer. ...
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Towards stronger Copyright in the digital environment

As India agrees to sign up for the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty, it scales up a level on protection of rights in the digital environment. Here's a look at what it will mean for authors, as well as actors, musicians, singers and producers of soundtracks, In terms of monetary benefits, international protection, investor trust and more....
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Applying for copyright in computer programmes, apps and...

The Copyright Office recently put out its final Practice and Procedure Manual for examinations of applications in literary, artistic, musical, cinematograph film and sound recording works. This publication comes after the draft guidelines were put up for public notice and comment earlier this year. The Manual details how different types of applications will be handled. We put together the information on computer programmes, databases, websites, and apps....
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Whose Name is it Anyway?: Intellectual property in titl...

How should an author protect the intellectual property that vests in a title? And more significantly, is there any intellectual property in a title? Though it seems there is no copyright protection of title as yet provided by law, one could seek protection through Trademark. This article details avenues of protection available in the current scenario....