A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Vaidehi Gupta, Trainee Associate on “Whether Database Subscriptions ensue a Transfer in Copyright eligible for Taxation as Royalty?”. The seminar delved into the intersection of taxation and copyright, and focused on the nuanced question of whether subscription fees for online databases entail a transfer of copyright, making them eligible for taxation as royalties. The discussion clarified that while these fees provide access to data, they generally do not involve a transfer of copyright.  The case laws delved into the nature of transaction while seeking access to databases, and determined that users are granted access rights within the parameters of their subscription agreements, and there is no transfer in the copyrighted material. The seminar ended with a discussion on the need for stakeholders to understand this distinction to accurately assess tax liabilities and ensure compliance.

The presentation can be accessed here.

ALG’s Book Club session, the first of this year, was a heart-warming discussion on the themes of community, bravado, resilience and faith. Members enjoyed Susan Abulhawa’s storytelling craft through the ebbs and flows of darkness and hope in ‘The Blue Between Sky and Water’. There were several sentences and passages that depicted Susan’s literary prowess and strung our hearts, here are some of the favorites that emerged.

Anurathna Mathivanan – “All us wounded women make a career of trying to put other people back together.”

Samreen Iboo Sait – “Hope is not a topic. It’s not a theory. It’s a talent.”

Abhilasha Rathore – “stories matter. We are composed of our stories. The human heart is made of the words we put in it.”

Rajnish Kumar – “War changed people. It created cowardice and bravery and produced legends.”

Shreyak Patnaik – “True darkness such as this was unattainable, for it was not merely the absence of light, but the presence of something unseeable filling every crevice of life. Not even the moon nor the brightest stars could light more than their own periphery in this blackness.”

Nazia Rohi has commenced her General IP Internship with the firm’s law practice.

We hope her stay in the firm during the 4 week period of her internship will be mutually enriching and that the firm and she will learn exciting things from each other!

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Shivanshi Gupta, Trainee Associate, on “Whether the Jurisdiction of the High Court for filing Trade Mark Rectification Petition is determined based on where the Appropriate Office is situated?”. The seminar explored the relevant provisions of the Trade Marks Act, 1999, which discusses the rectification and cancellation of a trademark registration. The seminar focused on decisions where courts have observed the dynamic effect of registration of the trademark for determining the jurisdiction of the High Court in relation to trademark cancellation petitions. The session concluded with a discussion of the recent developments in the judicial outlook that where a person’s commercial interests are being affected within the jurisdiction of a High Court, the said High Court should have territorial jurisdiction to entertain a trademark cancellation petition regardless of where the Appropriate Office is situated.

The presentation can be accessed here.

During last week’s PWS Session, Sucharitha Banda, Associate, led a discussion on “Can granting IP protection to individuals effectively curb deepfakes?” The session led with a discussion on whether ordinary individuals should enjoy any rights in respect of their persona similar to personality rights enjoyed by public figures and/or celebrities. The members discussed whether such rights, if granted to individuals, will lead to better enforcement against the rising trend of malicious deepfakes. The members delved into administrative, ethical and privacy concerns associated with granting of such rights and the potential roadblocks policy makers may face in enforcement of such rights.