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– By Apoorva Mishra The plaintiffs entered into an Agreement dated 9th April, 2000 with Balaji Telefilms Pvt. Ltd., in order to create, compose and produce 262 episodes of a television serial entitled “KYUNKI SAAS BHI KABHI BAHU THI”.  Since then Balaji has produced episodes of the serial and their services were engaged by way […]

– By Apoorva Mishra Compulsory licensing is an involuntary licensing where the licensor is unwilling to grant the license to the willing licensee, but this entire agreement of compulsory licensing is enforced by the state, by which the licensor has to transfer the rightful authorization of the patent to the licensee, against all his wishes. […]

– By Apoorva Mishra FACTS The writ petitioner in the case was Bayer Corporation. The second respondent in the case was the DCGI and the third respondent was Cipla. The Indian Patent Office had granted the petitioner, patent number 215758 on 3 March 2008. Therefore, by virtue of Section 48 (rights of a patentee) of […]

– By Apoorva Mishra The plaintiffs entered into an Agreement dated 9th April, 2000 with Balaji Telefilms Pvt. Ltd., in order to create, compose and produce 262 episodes of a television serial entitled “KYUNKI SAAS BHI KABHI BAHU THI”.  Since then Balaji has produced episodes of the serial and their services were engaged by way […]

– By Apoorva Mishra In India, media as a whole is regulated through a gamut of statutes and codes. Being one of the largest industries, its regulation is regarded significant in the interest of public and nation as a whole. The real value of such a regulation is to handle the relationship between any segment […]

– By Apoorva Mishra Everyone has a right to seek, impart and receive information under the right of freedom of expression. This right to Freedom of Information is the key to achieving many other rights, securing democracy and enabling development. It is also intended to promote a culture of openness among public authorities and to […]

– By Apoorva Mishra The strength and importance of media in a democracy is well recognized. Article 19(1)(a) of the Indian Constitution, which gives freedom of speech and expression includes within its ambit also covers freedom of press. The existence of a free, independent and powerful media plays a very important role in the democracy, […]

On August 24, 2012, a jury on the Apple v. Samsung case returned a verdict in the long, legal battle over several Apple patents relating to Apple’s iPhone and iPad. The jury submitted a verdict awarding Apple 1.05 billion dollars as damages that must be compensated by Samsung.[1] This case brought these two incentives of […]

The statement of claim alleges on the reduction to material form of a part of the ritual knowledge of the Ganalbingu people by the creation of the artistic work, the first applicant held the copyright subsisting in the artistic work as a fiduciary and/or alternatively on trust, for the second applicant and the people he […]

Relevancy of physical location, in Jurisdiction and Governance The Information Technology Act has provided a legal framework for smooth conduct of e-commerce facilitating and regulating electronic commerce however the problem of jurisdiction of this new arena is extremely complex especially with the expansion of trade and commerce. Technology reduces and frequently eliminates the need for […]

Right To Publicity- An Analysis India does not have any legislative provision protecting an individual’s right of publicity. This right has for the most part been enforced in India under the common law tort of passing off, to establish which it is necessary to show that the disputed mark possessed goodwill and reputation. Section 2(1)(m) of […]