This ruling is a major victory for authors whose rights, despite being enshrined in the Copyright Act through the 2012 amendment, have often been overlooked. The judgment acknowledges the necessity of honouring the rights of creators in the digital age.

1. Saregama being the first owner of the literary and musical works in the sound recordings, thus no IPRS license was required.
2. Under Section 17(c) of the Copyright Act, 1957, in a contract of service, authors surrender their rights to the employer for valuable consideration, including the right to collect royalties.
3. The 2012 Amendment does not alter the law regarding independent copyright in sound recordings.

• Cease the unauthorized use of works protected under copyrights without obtaining an IPRS license and making royalty payments.
• Pay the amounts previously deposited in the Court of Rs.3.5 crores along with interest to IPRS.
• Expedite the resolution of the dispute with IPRS.
• Disclosure of data and logs of actual use made by the Vodafone’s subscribers and the works utilized as part of their Value Added Services

• Biswanath Prasad Radhey Shyam vs. Hindustan Metal Industries, Hon’ble Supreme Court of India, 13 Dec 1978
  
  PISTA was first addressed in this iconic case where the Supreme Court said “a skilled worker, in the field concerned, in the state of knowledge existing at the date of the patent to be found in the literature then available to him, that he would or should make the invention the subject of the claim concerned”.
   
• Boehringer Ingelheim Pharma Gmbh & Co vs. Cipla Limited, 12 Nov 2014
  
  The concept of a "person skilled in the art" (PSITA) emerges as a pivotal point of contention here. Defined through decisions from the Indian Patent Appellate Board (IPAB), a PSITA is portrayed as a knowledgeable individual, well-acquainted with prior art, and capable of conducting relevant experiments. In this case, both sides invoke the notion of a PSITA to bolster their respective arguments regarding the patent's inventive step, either emphasizing its perceived obviousness or purported novelty, thereby highlighting the fundamental role of this concept in assessing patent validity.
   
• Enercon (India) Limited vs. Alloys Wobben, IPAB, 12 Jun 2013
  
  

  The law has not used the word ordinary. It had the laws of other jurisdictions before it and yet it eschewed the word “ordinary”. ENERCON referred to KSR Int'l Co. v. Teleflex, Inc, 550 U.S 398 “ he is no dullard. He has read the prior art and knows how

  to proceed in the normal course of research with what he knows of the state of the art. He does not need to be guided along step by step. He can work his way through. He reads the prior arts as a whole and allows himself to be taught by what is contained therein. He is neither picking out the “teaching towards passages” like the challenger, nor is he seeking out the “teaching away passages”, like the defender. … In the words found in Roche V. Cipla this person is a skilled worker in the field concerned, with the state of knowledge existing at the date of the patent to be found in the literature then available. There are no limitations or words in the Act to “reduce” this person's skill or knowledge.
   
• Roche vs. Cipla, Delhi HC, 27 Nov 2015
  
  Hon’ble Division Bench of Delhi HC to test obviousness the first test required to be applied is to see who is an ordinary person skilled in art (POSA) and what are its characteristics. The features of a person skilled in the art are that of “a person who practices in the field of endeavour, belongs to the same industry as the invention, possesses average knowledge and ability, and is aware of what was common general knowledge at the relevant date… to impute to a normal skilled but unimaginative ordinary person skilled in the art what was common general knowledge in the art at the priority date”.

• 5. Rhodia Operations vs. Assistant Controller, Madras HC, 31 Jan 2024
  
  The Madras High Court stated that “…As is evident from the above survey, the definition of inventive step in the Patents Act is closer to that in the UK Patents Act because both statutes use the expression “person skilled in the art” unlike the US Patents Act which uses the expression “person having ordinary skill in the art”. That said, what is the level of skill: is it average, good, very good, excellent, or extraordinary? The text of Section 2(1)(ja) does not place any of the above qualifiers or any analogous variant before the adjective “skilled”. …The absence of the words “in India” in Section 2(1)(ja) indicates that the person could be based anywhere in the world, including India..”
  
  To summarise:
  The Person Skilled in the Art (PSITA) embodies a proficient worker with a comprehensive understanding of the common general knowledge pertinent to the 'priority date'. They are characterized as competent individuals, not lacking in intelligence, who possess the ability to interpret prior art and navigate standard research procedures autonomously. A PSITA is well-versed in the prevailing state of the art, capable of conducting relevant experiments, and exercises a level of common sense commensurate with their field of expertise. Their attributes align with those of a practitioner in the relevant industry, possessing average knowledge and awareness of the common general knowledge at the relevant time.
  
  PSITA's proficiency transcends geographical boundaries and encompasses a spectrum of skills, including above-average competency in their field, alongside educational and vocational qualifications, as well as practical experience utilizing industry-standard tools. In essence, PSITA serves as a cornerstone in patent law, providing a standard against which novelty, non-obviousness, and inventive step are evaluated. Their expertise and contextual understanding are pivotal in determining the degree of innovation inherent in a given invention within the framework of Indian patent law.
  
  In conclusion, PSITA holds a pivotal role in Indian patent law, serving as a standard for evaluating the novelty, non-obviousness, and inventive step of an invention. His/her expertise and field of understanding facilitate the determination of whether an invention would have been evident or innovative to a skilled individual at the time of its conception. Based on the above case laws we can now give a wireframe definition to the word “PSITA”.

1. Assessing the potential impact of IP on business value.
2. Assigning a fixed monetary value to IP assets.
3. Determining the market price of tangible products.
4. Calculating the production cost of IP assets.

1. Novelty.
2. Non-obviousness.
3. Inventive step.
4. Public disclosure before filing.

1. A Utility Patent protects the functional aspects of an invention, while a Design Patent protects its ornamental appearance.
2. A Utility Patent is valid for 30 years, while a Design Patent is valid for 50 years..
3. A Utility Patent can only be obtained for physical products, while a Design Patent is for software inventions.
4. A Design Patent provides worldwide protection, while a Utility Patent is limited to the country of registration.

1. Trademark renewal.
2. Trademark abandonment.
3. Trademark registration.
4. Trademark infringement.

(Answers at the end of the Newsletter)

• The sentence: "The quick brown fox jumps over the lazy dog" uses every letter of the alphabet.
   
• The winter of 1932 was so cold that Niagara Falls froze completely solid.
   
• The words 'racecar,' 'kayak' and 'level' are palindromes, which are the words which are same whether they are read left to right or right to left.
   
• There are 293 ways to make change for a dollar.
   
• There are more chickens than people in the world.

While Dr. Scott's discovery paved the way for therapeutic applications, the cosmetic connection arose from a separate observation. Dr. Alastair Carruthers, a dermatologist, noticed that patients receiving botulinum toxin injections for blepharospasm (involuntary eyelid twitching) also seemed to have reduced wrinkles around the eyes. This sparked the curiosity of Dr. Carruthers and his wife, Dr. Jean Carruthers, who started investigating the possibility of using botulinum toxin for wrinkle reduction.

The journey from a doctor's hunch to a mainstream cosmetic treatment wasn't without its hurdles. Rigorous testing was required to ensure the safety and efficacy of Botox for cosmetic purposes. Finally, in 2002, the FDA approved Botox for the treatment of glabellar lines (frown lines) between the eyebrows.

The discovery of Botox highlights the importance of serendipity in scientific advancements. A potentially dangerous toxin found a new life as a medical and cosmetic aid. Today, Botox has numerous therapeutic applications beyond aesthetics, including treating migraines, excessive sweating, and chronic pain conditions.

• Sassoon Docks at Colaba: the oldest docks in Mumbai and the first commercial wet dock in western India that is open to the general public & helped establish cotton & silk trade. A distinctive feature of Sassoon docks lies in its architecture, wherein a railway line was integrated and brought directly into the docks.

• Magen David Synagogue and Talmud Torah (Traditionally, meant religious school created, for Jewish children): A central place of worship and learning for the Jewish community.
   
• David Sassoon Benevolent Institution: Providing education and support to the needy.
   
• David Sassoon Mechanics’ Institute: Promoting technical education and skills.
   
• David Sassoon Industrial and Reformatory Institution for Juvenile Offenders: A pioneering effort in reforming young offenders.
   
• Sassoon  Library  at  Fort,  Mumbai:  initially  founded  to  serve  as  a  repository  of knowledge and education, offering access to a wide range of literature and resources, over the years, it has grown to become a significant cultural institution in Mumbai hosting various educational and cultural events, including lectures and exhibitions.
   
• Sassoon also contributed generously to the construction of the famous landmark Gateway of India.

• Sassoon Hospital: Established in 1867 with a significant donation of ₹2,50,000 from Sassoon, the hospital catered to provide medical care to a broad section of society. It played a crucial role during the plague epidemic of 1897 and continues to be a major medical facility. Initially it was designed to take up about 145 patients. However, as the hospital patients grew in numbers, a need was felt for expansion. At the right time, the Sassoon Hospital received another generous donation from Jacob Sassoon, the nephew of David Sassoon in 1903. This helped in adding the capacity of beds to reduce congestion.

• Ohel David (Tent of   David) Synagogue: Completed in 1867, this red brick synagogue, also known as “Lal Dewal”, is a testament to Sassoon’s devotion to his faith. Built with a clock tower, the structure is a reminiscent of British church architecture. The synagogue is flooded with light from the stained-glass windows and contains the mausoleum of the patriarch, carved in Deccan basalt. This Gothic-style structure is the largest synagogue in Asia outside Israel and houses Sassoon’s tomb.

• Niwara (The David Sassoon old age home for the destitute): Gopal Krishna Gokhale, Justice Ranade, and others had been wishing to create a facility for the unsupported old age fraternity in Pune. David Sassoon came forward and was the visionary whose philanthropic gesture made the old age home a dream come true in 1864. Appropriately named after its benefactor as the “David Sassoon Infirm Asylum”, this center was renamed later as “Niwara” and is equipped with its own physiotherapy and medical facilities and houses about 150 inmates.
  
  Other charitable institutions supported by David Sassoon also included a Jewish crematorium and leper asylum in Pune.