No Dual Royalty For Playing Songs In Public

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By: Nidhi Tandon

When it comes to the copyright of a song, lyricists and music composers of a song are the first owners and their works (literary and musical works) are considered to be independent and separate from that of the music producers. By virtue of the amendment of the Copyright Act, 1957 in the year 2012, this understanding was overturned in the recent judgment of the Supreme Court in IPRS (Indian Performing Rights Society Limited) and CISAC (International Confederation of Societies of Authors and Composers) v/s Aditya Pandey and Synergy Media Entertainment. As per the amendment, the producer of sound recording (music producer) is categorized as the “author” of the copyright subsisting in a song, which is a derivative work of the music (musical works) and lyrics(literary works) put together and has independent copyright of his work.

The dispute before the Court was:

If X and Y were to create the music (musical works) and lyrics (literary works) for a sound recording (derivative work) being produced by Z, three distinct copyrights

International trademark filing under the Madrid Protocol: A brief overview

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By: Nidhi Tandon

Registration of a trademark is territorial in nature like most other forms of intellectual property rights. In all instances where an Indian entity desires to sell/market its products and services in various international markets or where a foreign entity desires to do so in India, trademark protection has to be sought under multiple jurisdictions. This onerous and expensive process of filing for trademark protection in each jurisdiction has been mitigated to a large extent with India adopting the Madrid Protocol (Protocol) in July 2013.

The Protocol, a treaty for the international registration of trademarks administered by the International Bureau of the World Intellectual Property Office (WIPO), has simplified the process of filing trademark applications in multiple jurisdictions across the world. With 97 countries being signatories to the Protocol as on date, an applicant can file a single application in its national trademark office paying registration fees, in one currency. Once a trademark application has been filed in the home/origin country, the applicant can use that date of application as its earliest date of priority in other signatory countries.

Prior User over a Registered Trademark

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By: Nidhi Tandon

Several Companies have the tendency to file for a trademark, wait for its registration and then start using the same. Some just register the trademark for future, without using the same thereby blocking others from filing or using same or similar mark. However, as per the recent decision of the Supreme Court in Neon Laboratories v/s Medical Technologies Ltd., a company cannot claim right to a trademark even after registration if it does not use it for a long time.