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Case Commentary: Lessons From EBC & Ors. v. D.B. Modak & Anr.

By, Jaskaran Singh Saluja   I. Introduction In the legal regime of Intellectual Property Rights (IPR) laws, Eastern Book Company & Ors. v. D.B. Modak & Anr.[i] is a landmark case. If edited judgements are to be considered as derivative… Continue Reading →

Patentability of Life-saving Drugs

By, Shubhank Suman INTRODUCTION In developing countries, millions of people still have little or no access to lifesaving drugs, and the main reason for it is patent. A patent that confers certain legal rights on inventors and gives them absolute… Continue Reading →

The Conundrum of Protection of Idea vis-à-vis with Copyright and Patent

By, Shubhank Suman   Idea defines as a “thought or suggestion to a possible course of action”[i] which is an essential first step toward any inventions or literary works. Nothing can or will occur without an idea, so ideas are… Continue Reading →

Disney’s Inside Out: A Review of Daniels v. Walt Disney Co.

Shrudula Murthy and Karthik Subramaniam, in detail, analyse the recent decision ” Daniels v. Walt Disney Co” by The United States District Court for the Central District of California.

The Undefined Concept of Originality under the Copyright Laws

Kopal Chaturvedi analyses the evolution of the concept of “originality” in copyright laws. The author gives a comprehensive account of various theories and doctrines developed by courts over time.

Viability of the Hot News Doctrine Today

Shubhank Suman explores the relevance and growth of the “Hot News” or the INS doctrine in an era of excessive information. The potential of the doctrine and the challenges to the same in India is the key focus of this article.

Is Statutory Licensing of Music the Only Remedy to Eliminate Anti-Competitive Behaviour of Music Right Owners?

Neha Uppin examines recent developments in the Copyright Act and landmark decisions with respect to statutory licensing and its impact on the Indian music industry. The article focuses on the intersection and conflict between Copyright law and Competition law and in finding a balance between the two.

Orphan Works in the Age of Digitization

The issues posed by orphan works in an age where millions of books are being converted, stored and used in the form of digital books have been explored by Rose Ann Joseph. She also takes the reader through the ‘Google Books’ case.

Fair use as a Scope of Copyright Protection

Sherry Shukla and Arpit Lahoti discuss in detail the doctrine of fair use and the different nuances of it using relevant case laws and statutory provisions.

Conflict of Western Ideas with Local Customs: Intellectual Property Regime in the Middle East

By, Mohit Kar Intellectual Property Rights (“IPR”) in the Middle East are based on the idea of Western influence on foreign laws, which have now been assimilated into the local laws.[i] It is an illustration of the West’s supremacy in… Continue Reading →

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