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Cover Story
IP Updates: Industry updates on Patents, Copyright and GI Tags |
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RKD News: Dr Mohan Dewan at the ADR Association, UPES, Dehradun R K Dewan & Co. wins the AsiaIP - IndiaIP Awards, 2023 |
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Perplex |
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India Patents Microsoft Technology Licensing LLC Vs. The Assistant Controller of Patents and Designs |
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Spotight Accidental Inventions –
Velcro |
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Thread Bare Another design infringer bites the dust |
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Analysis Course Material and Educational Videos now considered as Literary Works and Cinematographic Films under Section 2 of the Copyright Act, 1957 |
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| IP Updates: |
| Few of the amendments brought within the major IP Acts such as the Patents Act, 1970, Copyright Act, 1957, Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999 due to the Jan Vishwas (Amendment of Provisions) Act, 2023 are discussed below: |
Patents: Under Section 120 of the Act which provides for unauthorised claim of patent rights, a fine of INR 1 lakh is substituted for a penalty extending to INR 10 lakh. The provision which also provides for continuing claims a further penalty of INR 1000/-is imposed for every day after the first during which such claim continues.
Further, Section 121 providing for imprisonment and fine in case of wrongful use of the words ‘patent office’, will be omitted once the date of effect of the provisions of the Amendment Act are notified. |
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Snips and Specs IPR Quiz
Hidden Gems of India
– Dong Valley |
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RKDecodes Decoding Delicious Delicacies
– Chettinad Chicken
A Spicy South Indian Delight |
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Section 122 imprisonment and fine in case of refusal or failure to supply informationto the Central Government under Section 100(5) or to the Controller under Section146, is also amended in order to revise the quantum of the penalty imposed andabolish the provisions for imprisonment. Similarly, provisions providing for penaltyhave been revised in Section 123 of the Patents Act, which deals with Practice by non-registered patent agents.
As per the latest changes, new Sections 124A and Section 124B providing forAdjudication of penalties, and appeal against such adjudication, respectively have alsobeen incorporated.
Copyrights: Section 68 of the Copyright Act, 1957 which provides for penalty formaking false statements for the purpose of deceiving or influencing any authority orofficer is omitted.
Trademarks: Section 107 of the Trade Marks Act, providing for penalty for falselyrepresenting a trademark as registered, is amended to discontinue the provisionsregarding imprisonment and rather introducethe imposition of penalty instead.
With respect to the Trade Marks Act, 1999 provisions for Adjudication of penalties andfor appeal against such adjudication are introduced in a similar manner as that to thePatents Act. |
| Further, Section 106, providing for penalty for removing piecegoods, etc., Section 108, providing for imposition of penalty forimproperly describing a place of business as connected with theTrade Mark Office; and Section 109 providing for penalty forfalsification of entries in the register, are repealed. |
Geographical Indications: Section 42 of the said Act, providing for penalty for falselyrepresenting a geographical indication as registered, is amended to discontinue theprovisions for imprisonment and the imposition of a fine. Instead, provisions forimposition of penalty of a quantum equal to one-half percent of the total sales orturnover, as the case may be, in case of a business or of the gross receipts inprofession as computed in the audited accounts of such person, or a sum equal tofive lakh rupees, whichever is less are introduced.
Section 43 relating to penalty for improperly describing a place of business asconnected with the Geographical Indications Registry; and Section 44 relating topenalty for falsification of entries in the register, are repealed. |
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| Dr Mohan Dewan at the ADR Association, UPES, Dehradun |
R K Dewan & Co. is delighted to share that, our principal Dr Mohan DewanAdvocate, Patent & Trademark, Attorney, was invited by the prestigiousAlternate Dispute Resolution Association, UPES, Dehradun, at the"Madhyastham - UPES ADR Fest'23" on September 17th, 2023.
Dr Dewan was the chief judge for the final rounds of the 5th National MediationCompetition, and the 3rd National Negotiation Competition, which are integralcomponents of the Madhyastham fest.
Dewan was also invited as the chief guest to grace the Valedictory Ceremony withhis presence. Thereafter, he had fireside chats with the participants, students andfaculty of the UPES illuminating them regarding various aspects of alternativedispute redressal mechanisms and their co-relation with IP thereby making valuablecontribution to the development of mediation and negotiation skills in our country. |
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The Alternate Dispute Resolution Association, UPES is constituted with the purpose to facilitate and promote alternate dispute resolution mechanisms and develop the skills required in Arbitration, Mediation and Negotiation.
R K Dewan & Co. looks forward to collaborating for many more such events in the future for a better IPR & ADR Aware world and society. |
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We are proud to announce that, RK Dewan & Co. has been featured as a Winner at the AsiaIP - IndiaIP Awards, 2023 recognised as IP Prosecution Firm of the Year!
Renowned for its strong domestic and international connections as well as an efficient approach to filings, R K Dewan & Co is the preferred Intellectual Property firm of many top Indian companies, multinationals, Fortune 500 companies and start-ups across a broad spectrum of industries & all technology sectors. The firm has completed over 80 years of dedicated and excellent service in the IP field, one of the longest standing IP law firms in India with the highest reputation for quality, honesty, and expertise and represents over 6,000 corporate and individual clients worldwide. |
R K Dewan
& Co. wins the AsiaIP - IndiaIP Awards, 2023
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| We are humbled by this recognition by AsiaIP, and thank our clients who havecontinuously trusted our work as well as our team for this remarkable success! |
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1. As I watch this generation try and rewrite our history, I’m sure of one thing: it will be misspelled and have nopunctuation.
2.
As I've gotten older, people think I've become lazy. The truth is I'm just being more energy-efficient.
3.
If you find yourself feeling useless, remember: it took 20 years, trillions of dollars, thousands of lives and four presidents to replace the Taliban with the Taliban.
4. Turns out that, being a "senior" is mostly just googling how to do stuff. |
5. I want to be 18 again and ruin my life differently. I have new ideas.
6.
I'm on two simultaneous diets. I wasn't getting enough food on one.
7.
I put my weighing scale in the bathroom corner and that's where the little liar will stay until it apologizes.
8.
My mind is like an internet browser. At least 18 open tabs, 3 of them are frozen, and I have no clue where the music is coming from.
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Hard to believe I once had a phone attached to a wall, and when it rang, I picked it up without knowing who was calling. |
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| Microsoft TechnologyLicensing LLC Vs.
The Assistant Controller ofPatents and Designs |
INTRODUCTION
Inventions stand areas the pillars of progress and innovation, shaping the course of human civilization. They embody the relentless pursuit of understanding, creativity, and problem-solving that characterises the human spirit. Patents serve as crucial catalysts for innovation and progress in modern society.
By providing inventors with exclusive rights to their creations for a limited period, patents incentivize individuals and organizations to invest their time, resources, and ingenuity into developing ground-breaking innovations.
It is thus an important prerogative of countries to maintain a balance between the encouragement of innovation and the broader welfare of society. The exceptions to patentability help navigate this balance.
The present case deals with the innovations, their patentability, and the extent of exclusion of computer programs and the interpretation of Section 3(k) of the Patents Act, 1970 (hereinafter ‘the act’) |
FACTS
The Appellant in the present case had submitted a patent application dealing with an innovation titled "Approaches and Systems for Verifying a User's Identity for Subdivisions of a Network Location". The central idea was a dual-tier authentication using two distinct cookies. Following assessment and a hearing, the application's patentability was declined by the Controller primarily on the basis that the innovation described in the application was categorized as non-patentable subject matter according to Section 3(k) of the Patents Act, 1970.
JUDGEMENT
The Court found that the Controller's rejection of the Plaintiff's patent application was not warranted, as the Controller misconstrued the technical essence of the invention. As a result, the order by the Assistant Controller of Patents and Designs was over turned, with the Court instructing the Patent Office to re-evaluate the patent's novelty and inventive step while considering its technical impact. |
Furthermore, the Court proposed a more comprehensive assessment framework for computer-related inventions, emphasizing the importance of a thorough evaluation to appropriately protect deserving inventions under the law.
ANALYSIS
Although, patents were traditionally associated with physical inventions, the digital age brought about the question of patenting software or computer programs. Thus, Patents and computer programs have become closely intertwined in the realm of intellectual property.
Patents which include a computer program element have sparked debates about the extent of patentability and their potential impact on innovation. Some argue that software patents canstifle competition and hinder progress as they grant monopolies over certain ideas. Others believe that they incentivize innovation by providing legal protection and encourage investment in research and development. |
The Patents Act, 1970 envisages a bar on the patentability of computer programs “per se”, business methods, and mathematical formulas under Section 3(k). This bar is, however, not absolute and is subject to certain guidelines. The interpretation of the aforementioned section has been done in the case inquestion.
In this case, the Controller of Patents considered the invention to be covered under the term "computer program perse" thereby causing it to be barred by Section 3(k) of the Act. The Controller opined that the technique of identifying network address locations is based onnon-patentable subject matter, ultimately rejecting the patent application. His evaluation focused on three main areas. First, the innovation consisted of a method or setup intended for cookie-based dual-level authentications.
Second, the claims in the patents represented the "implementation of instructions / algorithms that a computer can execute on a general-purpose computing device to achieve the intended functional aspects." |
Thirdly, the Controller noted an issue with the invention as claimed, pointing out that the computer program was provided as a system or method that claimed process stages to carry out analgorithm.
After thorough scrutiny of the invention by the Learned judge noticed that there is a need to understand and have regard to the legislative intent behind the addition of the words, “per se” in Section3(k). The Joint Committee on the Patents (Second Amendment) Bill, 1999's report while discussing this inclusion explained that, while the primary aim was to avoid granting patents for computer programs in their standalone form, the section does not completely prohibit the grant of patents for computer programs. Moreover, patent applications should not be rejected if elements of the computer programs meet the invention criteria.
In the case of FeridAllani v. Union of India, the Delhi High Court held that the prohibition only applies to computer programs as such, and not to all inventions that are directly related tothe programs. |
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The Patents Act, 1970 envisages a bar on the patentability of computer programs “per se”, business methods, and mathematical formulas under Section 3(k). This bar is, however, not absolute and is subject to certain guidelines. The interpretation of the aforementioned section has been done in the case inquestion.
In this case, the Controller of Patents considered the invention to be covered under the term "computer program perse" thereby causing it to be barred by Section 3(k) of the Act. The Controller opined that the technique of identifying network address locations is based onnon-patentable subject matter, ultimately rejecting the patent application. His evaluation focused on three main areas. First, the innovation consisted of a method or setup intended for cookie-based dual-level authentications.
Second, the claims in the patents represented the "implementation of instructions / algorithms that a computer can execute on a general-purpose computing device to achieve the intended functional aspects." |
Thirdly, the Controller noted an issue with the invention as claimed, pointing out that the computer program was provided as a system or method that claimed process stages to carry out analgorithm.
After thorough scrutiny of the invention by the Learned judge noticed that there is a need to understand and have regard to the legislative intent behind the addition of the words, “per se” in Section3(k). The Joint Committee on the Patents (Second Amendment) Bill, 1999's report while discussing this inclusion explained that, while the primary aim was to avoid granting patents for computer programs in their standalone form, the section does not completely prohibit the grant of patents for computer programs. Moreover, patent applications should not be rejected if elements of the computer programs meet the invention criteria.
In the case of FeridAllani v. Union of India, the Delhi High Court held that the prohibition only applies to computer programs as such, and not to all inventions that are directly related tothe programs. |
Further, In the OpenTV Inc. vs. The Controller of Patents and Designs and Ors, the Hon’ble Delhi High Court provided guidelines for assessing whether a patent application seeks to patent business methods and provided the following guidelines:
(i) Whether the invention primarily facilitates the operation of a specific business, such as buying or selling goods or services.
(ii) Whether the purpose of the invention is to claim exclusive rights over a way of conducting business.
(iii) Whether the invention pertains to a method of buying or selling goods or services, or if it involves a computer program that produces a technical effector demonstrates technical advancement. If it's the latter, it may be eligible for a patent, but not if it's the former.
In the case at hand, the invention for which the patent was sought was facilitative of a business operation. Further, it did not relate to a method of conducting business but provided a method to secure a better working of a business. |
Moreover, the applicant had come up with a novel method to verify a user's identity for subdivisions of a network location. The technical advancement in the application filed by the Applicant lay in the improved security of an existing computer and computer network via two-tier authentication technology which uses two different sets of cookies.
Additionally, the Court felt that the lapse on the part of the Learned Examiner also relates to a pertinent problem in the guidelines provided by the Government.
For instance, in the examination of inventions, the European Patent Office ("EPO") and the United States Patent and Trademark Office ("USPTO") both offer examples of patent-eligible and non-eligible inventions. It was rightly suggested by the Court that the Indian Patent Office must also go to the effort of giving examiners indicators by offering a comprehensive set of practical instances that relate to patent eligibility. Through these guidelines, Examiners will find it easier to discern between eligible and ineligible cases and treat them consistently. |
This point was advanced in the case of OpenTV Inc. vs. The Controller of Patents and Designs as well. Here, the Hon’ble Delhi High Court opined that while it was crucial to evaluate each application separately, taking into account the particular circumstances and technical elements of each claimed invention, it would be advantageous to provide examples of both patent-eligible and non-eligible innovations in the guidelines. This would provide applicants and patent examiners with useful direction and clarityon the patent ability of particular categories of inventions.
In conclusion, the Indian Patent Office should adopt a more comprehensive evaluation approach for computer-related inventions. This approach should prioritize assessing the technological impact and contributions of an invention, rather than solely focusing on the implementation of algorithms and computer-executable instructions.
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As has been noticed in this case, an invention being termed as a "computer program per se" and barred under Section 3(k) on a prima facie investigation would lead to a lack of protection for computer programs having an inventive step.
Additionally, an invention should be assessed for its potential technical advancements and its capacity to address real-world problems. To ensure that deserving ideas receive the protection they're entitled to under the Act, a more meticulous and accurate evaluation of eligibility for patent protection i.e. the “patentability criteria” is essential.
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| Accidental Inventions - Velcro |
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| An invention which was conceived while taking a dog out for a stroll |
| Accidental Inventions as the name suggests refer to the discovery or creation of something new or useful that was not intentionally sought after. Accidental inventions have played a significant role in shaping our world, from the discovery of penicillin to the creation of the microwave oven. In some cases, accidental inventions have even led to entire industries and new fields of research. These inventions of ten arise from unexpected or accidental circumstances, such as a laboratory mishap or a chance encounter. |
While not all accidental inventions may be successful or have significant impact, they serve as a reminder that innovation can come from unexpected sources and that sometimes the most ground-breaking discoveries can be the result of chance. In this Accidental Inventions series of articles we will be telling you about some of the lesser known accidental inventions.
In 1941, when George de Mestral, a Swiss engineer and inventor, returned from a hunting trip in the Alps with his pet dog, Milka, he noticed that his trousers and his dog were covered with burs of the cocklebur flowering plant. Surprised at the tenacity of the burs, which are seeds which are prone to cling to the fur of animals, Mestral’s curiosity peaked and he decided to examine the burs closely. After observing them under a microscope he discovered that the burs were covered with hundreds of tiny but strong hooks, and were therefore able to easily attach themselves to animal furso ardently.
Mestral saw the potential of his observation as a basis for manufacturing a reusable, strong and reliable fastener that would have vast commercial applications. While it took Mestral over a decade of relentless effort, he developed his invention into the revolutionary fastening system that we know of today which was simple in design yet tougher than other available options with an added benefit that it would never jam. |
The biggest challenge for Mestral was to determine which fabric created the strongest hold. He commissioned a French weaver and started his trial with cotton. Mestral’s original prototype consisted of a fastener made with two strips of fabric.
One strip contained thousands of tiny hooks like the ones he saw on the burs, and the other contained thousands of tiny, soft loops, mimicking the fabric of his pants or those of his dog’s fur coat. When the two strips were pressed together, they formed a bond that was strong enough to support a person weighing nearly eighty kilograms. However, cotton as a fabric was too soft and of ten tore when used repeatedly.
After further research & development Mestral discovered that nylon worked much better.
Trivia: The method of examining an aspect of nature and later using its properties for practical applications is called ‘biomimicry’ which was also pioneered by Mestral inorder to develop Velcro.
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By 1955, Mestral’s experiment was a success and he realised that each square inch of synthetic required up to 300 hooks of burs to remain temporarily fastened, yet could be pulled apart whenever necessary.
Right after he set up the first batch of the product, he coined the name ‘Velcro’; which was a combination of two French words, ‘velour’ meaning “velvettype” and ‘crochet’ meaning “hook” which in French literally translated to “velvet hook”. Combining the first syllables of these words he named his invention “Velcro”, and launched it in 1959.
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With his design perfected, the next challenge de Mestral faced was how he could mass produce Velcro. It took considerable time, R&D and trial and error to perfect a manufacturing process that would yield consistent results. Entirely new machinery had to be designed and made that could produce the product in way that would ensure each strip of Velcro was equal in fastening performance. Mechanizing the process of weaving the hooks was asignificant challenge, but Mr. de Mestral was able to eventually develop looms and proprietary hook cutting systems to effectively mass produce his invention.
Anticipating quick and wide adoption of his new invention, Mestral knew that protecting his intellectual property (IP) was critical in order to create asuccessful business. Therefore, in 1957, he filed a patent application in Switzerland, which was granted in 1959 and also obtained a registered trademark for the same. After having his intellectual property secured, Mestral launched his business and set up his manufacturing plants across Europe, USA and Canada.
Velcro’s early days were difficult, as many people failed to believe that hook and loop fasteners could be successful. Upon its launch in the commercial markets Velcro, was meant to be a ‘zipper-less zipper’ for clothing. However, fashion critics regarded it as a cheap choice which ruined the look of apparels and even labelled it as “ugly”. |
However, in the mid-1960s, Velcro rose to fame when NASA used it to keep objects in place from floating around in zerogravity in space. NASA also ensured that all its spacesuits and helmets had Velcro installed for snaps and zippers.
It wasn’t before long that various industries started taking an interest in Velcro for having several practical commercial and industrial applications. For instance, in 1968, Velcro replacedshoelaces when Puma introduced the world’s first Velcro fastened sneakers. Soon, manufacturers of kids’ wear also realised the convenience of Velcro and the rest as they say, is history. Velcro today is no longer just a novelty product, but a necessity.
Way forward: Although Mestral’s original patent has expired; Velcro continues to develop new innovations and ensures that it secures IP rights (IPRs) for them. The company is an aviduser of the Patent Cooperation Treaty (PCT) system for international patent filings, and as of late 2010 had filed 134 PCT applications.
In October 2010 it filed an international application for a material made out of carbon nanostructures. |
When Velcro USA began manufacturing their High Technology Hook (HTH), they used plastic and moulded it to a specifichook design. The strength of the bond could be adjusted by the size, shape, and alternating direction of these hooks in manufacturing. By creating aunidirectional hook as opposed to a multidirectional hook, they were able togreatly reduce the ripping sound thatwas associated with Velcro’s brand fasteners. (US4776068A - Application filed by Velcro Industries BV for "Silent Velcro".)
Ever since Mestral’s original patent expired, Velcro has relied on trade marks to build their brand. The company protects its name through trademark registrations in almost all the major markets and also secures trademark registrations for all of its products.
From humble beginnings to having high-tech assembly lines today, Velcrohas been able to leverage both patent sand trademarks to its advantage, successfully creating an internationally recognized product and become a market leader in the industry of hookand loop fasteners. |
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Another design infringer
bites the dust |
Rishabh Plastic LLP (hereinafter Plaintiff) who is engaged in thebusiness of manufacturing thermo-ware, durable and cost-effective plastic containers for storage and transportation, recently filed a Design Infringement suit against Ahmedabad-based Defendants. The said suit was filed by the Plaintiff to protect its statutory and common law rights of the in its registered design “NIKOLA” containers bearing registration no. 361251-001 in Class 09-03.
It was contended by the Plaintiff that the Defendants were manufacturing and selling containers under the name “Royal Ware Glamour” which were complete replica of the Plaintiff’s “NIKOLA” containers and were, therefore, infringing the registered design of the Plaintiff.
R. K. Dewan & Co. represented Rishabh Plastic LLP and was successful in obtaining an ex-parte ad-interim order, wherein, the Hon’ble Delhi High Court restrained all the Defendants from manufacturing, selling and offering to sale storage containers being slavish copy and obvious imitation of the Plaintiff’s registered design no. 361251-001.
The Hon’ble Court also appointed two Local Commissioners to conduct search & seizure of goods/ containers bearing the infringing design. Accordingly, a team of R.K. Dewan & Co. assisted the Ld. Local Commissioner and conducted a successful raid at two premises of the Defendants in Gujarat.
As a consequence, the Defendants approached the Plaintiff and requested to amicably settle the matter and further came up with an offer to compensate the Plaintiff outside the court. |
The Plaintiff agreed to the said offer andaccordingly, a joint application under Order XXIII rule 3 of Code of Civil Procedure along with a Settlement Agreement was moved by the Plaintiff and the Defendants to settle the matteras per the terms mentioned in the said Settlement Agreement.
As per the Settlement Agreement, the Defendants acknowledged the rights of the Plaintiff in the suit design ‘Nikola' bearing design registration no. 361251-001 dated 25th March 2022, and also agreed to destroy the moulds used to prepare the infringing plastic containers along with all the infringing products including but not limited to packaging material, storage containers etc.
Considering the large quantity of plastic containers seized by the Local Commissioners, the Hon’ble Court proposed to donate the infringing containers instead of destroying them. |
The said proposal was accepted by the Plaintiff and accordingly the Hon’ble Court directed the Defendants to donate the seized containers to Shri Swami narayan Mandir, Ahmedabad and further directed to furnish a copy receipt of the same to the Plaintiff. Further more, the Defendants were strictly directed to not retain, sell or in any manner use the Plaintiff’s designed containers for any commercial purposes.
In view of the fact that the said suit pertaining to Design Infringement came to its conclusion within just 7 (seven) months from institution, the Hon’ble Court was pleased to refund the full court fee amount of Rs. 2 lakhs to the Plaintiff and Decreed the suit in favour of the Plaintiff as per the terms of Settlement Agreement. |
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| Course Material and Educational Videos now considered as Literary Works and Cinematographic Films under Section 2 of the Copyright Act, 1957 |
Delhi High Court has recently ruled that course material and educational videos fall within the ambit of "literary works" and" cinematographic films" respectively under Section 2 of the Copyright Act. This decision has far-reaching implications for the protection and dissemination of educational content in India, as it recognizes the creative and intellectual effort put into designing course material and producing educational videos. Let's delve into the details of this significant ruling and its potential impact on the education sector and copyright law in the country.
Section 2 of the Copyright Act, 1957, defines various categories of works that can be protected under copyright law, including "literary works" and" cinematographic films." However, the interpretation of these terms and their applicability to educational material and videos has been a subject of debate and litigation.
Historically, there was a distinction between literary works and educational material, with the former being associated with fictional and non-fictional writing, while the latter encompassed textbooks, lecture notes, and other instructional material. Similarly, cinematographic films were primarily seen as feature films and documentaries. |
Jainemo Private Limited (Jainemo) was a company engaged in preparation and sale of educational content and vocational courses on coding, computer programming, website development, etc. via digital mode which was accessed by aspirants at large who wanted to avail the courses.
The courses were accessed through a website upon payment of the requisite fee and the study material were in the form of recorded videos, live sessions, recording of live sessions, assignment questions, reading material, question banks, etc.
In early September 2023, Jainemo realised that a large number of unknown entities had started distributing the Jainemo’s courses through private community groups created on several online platforms such as WhatsApp, Telegram and YouTube and were also collecting fees ranging from Rs. 500 to Rs. 1000 to include aspirants on such groups.
Jainemo resultantly filed a suit in the Delhi High Court to restrain unknown defendants from engaging in such clandestine infringing activities. Since, Jainemo did not have the details of the unknown infringers; it impleaded the platforms as Defendants. |
Jainemo submitted that their course material were not downloadable and could only be downloaded if the party deliberately attempted to download such course material. It further submitted that the creation, editing and uploading of each video involved extensive creativity, time, effort, and dedication and claimed to hold literary rights for the study material associated with the videos, and hence their courses qualified as original copyrighted work as per Sections 13 and 14 ofthe Copyright Act, 1957 (‘the Act’).
The Court, in its ruling, acknowledged that educational material and videos involve creativity, originality, and asignificant amount of intellectual effort. The judgment emphasized that such material serve as essential tools in modern education, particularly in the digital age, and should be afforded copyright protection like any other creative work. |
Accordingly, the Court restrained the Defendants from downloading, uploading, storing, sharing, transmitting, selling, offering for sale, storing or utilizing any of Jainemo’s courses on any electronic platforms, digital platforms including Telegram channels, WhatsApp groups, YouTube, Google Drive, Mega orany other multimedia messaging or social media platforms or file sharing websites or cloud storage platforms which resulted in infringement of copyright.
Further, the Court directed the Telegram to block the channels through which the infringing contents were circulated within 72 hours and disclose all the details available of the individuals or entitles operating these channels, so that they could be impleaded as the defendants in the present suit.
With respect to YouTube, the Court directed to Google LLC to take down the YouTube channel ‘Show Time’ and tender the details of the persons running this channel within one week. The Court directed GoDaddy.com to lock and suspend the domain name ‘www.Freesoff.com’ and provide details of the registrant of the said domain name within one week. |
The Delhi High Court's ruling has several significant implications:
i. Protection of Educational Content: Educational institutions, educators, andcontent creators can now enjoy copyright protection for their course material andvideos. This protection incentivizes the development of high-quality educationalresources and encourages investment in educational technology.
ii. Safeguarding Against Infringement: Copyright protection enables copyrightowners to take legal action against those who reproduce, distribute, or use theireducational material without authorization. This ruling serves as a deterrent againstcopyright infringement in the education sector.
iii. Promotion of Online Learning: The decision is particularly relevant in the contextof online education, which has witnessed significant growth in recent years. Itreinforces the intellectual property rights of those who create digital educationalcontent, ensuring that they can continue to innovate and thrive in the digitallearning ecosystem.
iv. Clarification of Legal Framework: The judgment clarifies the legal frameworksurrounding copyright in education. It aligns Indian copyright law with globaltrends by recognizing the importance of digital educational resources and theircontribution to the knowledge economy.
The Delhi High Court's ruling is a significant step towardsrecognizing and protecting the intellectual property rightsof educators and content creators. This decision not onlyacknowledges the creative effort put into educationalmaterial but also reinforces the value of intellectualproperty with respect to the changing landscape ofeducation in the digital age.
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However, we should not lose sight of the fact that, there are certain acts enumerated under Section 52 of the Copyright Act, 1957 which shall not constitute copyright infringement namely,-
Section 52 (g) which states that, “reading or recitation in public of reasonable extracts from a published literacy or dramatic work;”
Section 52 (h) which deals with
“publication of any work in a collection, mainly composed of non-copyright matter, bona fide intended for instructional use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary ordramatic works, not themselves published for such use in which copyright subsists”
and includes: |
(i) the reproduction of any work -
(i) by a teacher or a pupil in the course of instruction; or
(ii) as part of the question to be answered in an examination; or
(iii) in answers to such questions;
And Section 52 (j) which states that “the performance, in the course of the activities of an educational institutions, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guardians of the students and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording.” |
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| IPR Quiz |
A.
Intellectual Property is a part ofwhich of the following?
1.
Human capital
2.
Relational Capital
3.
Organizational capital
4.
Infrastructure capital
B. Which of the following is not acharacteristic of IPR?
1.
Territorial
2.
Physical ownership
3.
Exclusive
4.
Monopoly
C. Which of the following may beincluded in Trademarks or ServiceMarks?
1.
Words, designs, colors, sounds, andmore
2.
Numbers and letters only
3.
Words and designs only
4.
Shapes and scents only |
D. Which of the following is the purposeof a Trademark?
1. To promote environmentalsustainability
2.
To improve employee morale
3.
To reduce taxes
4.
Advertising the product and creatingan image in the minds of customers.
E.
Who among the following cannot filea Trademark Application?
1.
Licensee
2.
Proprietor
3.
Legal heirs of Proprietor
4.
Assignee
(Answers at the end of the Newsletter) |
| Hidden Gems of India – DongValley The remotest valley inwhich the first rays of Sun canbe seen in India |
As the night turns into sleep and rays of the Sun welcome daylight, a remote valley inthe hills of Arunachal Pradesh, lights up into vibrant colours of crimson, gold, and orange as the first rays of Sun dawn upon India.
Located at an altitude of 1240 metres in the Anjaw district of Arunachal Pradesh, Dong is a small picturesque village which is 7 km away from Walong, situated at a confluence of Lohit and Sati rivers and surrounded by beautiful snow-capped mountains on one side and dense pine forest on the other.
Experiencing the first sunrise is not the only phenomenon that makes Dong Valley special, the Valley is also a living embodiment of diversities; the valley’s geographical location is such that it creates a confluence between Loti and Sati Rivers making the valley home to numerous species of flora and fauna. With over 500 species of birds, enduring majestic horn bills, vibrant pheasants, and elusive snow pigeons, the Valley is a paradise for ornithologists and birdwatchers. |
| This eastern most village of India is also home to numerous hot springs created by subterranean volcanic activity that one can enjoy while trekking their way through the luscious green fields and crystal clear waters to reach the point when the first rays of sun hit the earth. |
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| The village which is known for its cultural
importance is also in habited by the Meyorand Mishmi tribes of India, their rich cultural heritage, folk tales, and cuisine. Located at the tri-junction of three countries - India, Myanmar, and China, Dong village is now connected by an iron floored foot suspension bridge over the river Lohit |
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| In every sense, this is a hidden gem where time seems to slow down, allowing one to appreciate the marvels and grandeur of India. |
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| Decoding Delicious Delicacies – Chettinad Chicken
A Spicy South Indian Delight |
INTRODUCTION
When it comes to food, the name of a dish holds meaning beyond just identification. The name of a dish can give insight into the history behind it, the ingredients used, oreven the cultural significance it holds. In this series of blogs, we will explore the history behind famous Indian dishes. The Chettinad cuisine originates from the Chettinad region in the Sivagangai district of the state of Tamil Nadu in South India and is one of the most renowned cuisines of South Indian food. Hailing from this cuisine, Chettinad Chicken is a famous and delectable dish known for its bold and aromatic flavours and has gained immense popularity not only in India but also all over the world. Its unique blend of spices, fiery heat, and rich, robust gravy make it a favourite among food enthusiasts |
ORIGIN
The Chettinad region, located in the southern part of Tamil Nadu, is renowned for its vibrant culinary traditions. The Chettiars, a prosperous community of traders and financiers, are the ones which are credited with creating the flavour some Chettinad cuisine. Their cuisine is characterized by lavish use of spices, particularly black pepper corns, cloves, and cinnamon, resulting in dishes that are both spicy as well as aromatic. Another unique feature of this cuisine is that it uses sun-dried vegetables and meat, which helps maintain their nutritional value. Chettinad Chicken, or Chettinad Chicken Curry, is believed to have originated in the kitchens of the Chettiar community. |
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| They were known for their extensive trade networks, and as they travelled, they brought back spices and culinary ideas which they incorporated into their own cuisine.
This fusion of indigenous South Indian ingredients laden with foreign influences led to the creation of dishes like Chettinad Chicken. |
PREPARATION
1. Marinating the Chicken: In a mixing bowl, combine the chicken pieces, yogurt, turmeric powder, red chili powder, and salt. Mix well; ensuring the chicken is coatedwith the marinade. Let it marinate for at least 30 minutes, preferably longer for the flavours to infuse.
2. Preparing the Chettinad Masala: Dry roast the poppy seeds, fennel seeds, cum in seeds, coriander seeds, cinnamon stick, cloves, cardamom pods, dried red chilies, and curry leaves in a pan until they release their aroma. Be cautious as to not burn them. Allow the roasted ingredients to cool, and then grind them into a fine powder.This preparation will serve as the Chettinad masala.
3. Making the Chettinad Chicken Curry: Heat oil in a pan or cooking pot on medium heat. Add chopped onions and sauté until they turn translucent. Add ginger-garlicpaste and sauté for another couple of minutes until the raw aroma disappears. Add the marinated chicken and cook until it turns white on all sides. Add the choppedtomatoes and continue cooking until they soften.
4. Adding the Chettinad Masala: Add the ground Chettinad masala and grated coconut to the preparation and stir continuously. Cook for a few minutes until the mixture releases its aroma and the oil begins to separate.
5. Simmering and Garnishing: Pour in enough water to achieve the desired consistency for the gravy. Chicken Chettinad is traditionally served with thick, rich gravy. Cover the pan and simmer the curry for about 20-25 minutes or until the chicken is tender and cooked through. Garnish with freshly chopped coriander leaves.
6. Serving: Chettinad Chicken is usually served hot with steamed rice, dosa, idli, or parotta for an authentic South Indian experience. |
CONCLUSION
Chettinad Chicken is a testament to the culinary richness of South India, particularlythe Chettinad region. Its bold flavours and the spicy hit have won hearts around theworld. Whether you're a fan of spicy food or simply looking to explore the diverseand vibrant world of Indian cuisine, Chicken Chettinad is a must-try recipe that willleave your taste buds craving for more. |
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| We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only |
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