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Searching Content indexed under Copyright by Nishith Desai Associates ordered by Published Date Descending.
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1
Delhi Tax Tribunal Reignites Software Debate
The characterization of payments made for shrinkwrapped software has been a controversial issue in India, resulting in a large number of litigations.
India
16 Jul 2019
2
Statutory Licensing Under The Proposed Copyright Amendment Rules: A Cart Before The Horse Situation?
On May 30, 2019, the draft Copyright (Amendment) Rules, 2019 ("Draft Rules") were released for public comments. The press release accompanying the Draft Rules indicated that they were introduced
India
27 Jun 2019
3
Payments For Online Subscription Services Not To Be Taxed As Royalty
The ITAT affirms that fees paid for accessing an online database should not be treated as royalty or FTS but rather business income.
India
29 May 2019
4
Rogue Or Not? –Delhi High Court Grants Its First Dynamic Injunction To Curb Online Piracy
To curb the menace of online piracy and hydra headed Rogue Websites/ Flagrantly Infringing Online Locations the High Court at Delhi
India
20 May 2019
5
A Pinch For Piracy - Punitive Penalty Is The Court's Way
The Delhi High Court has once again granted punitive damages in a copyright infringement case.
India
4 Apr 2019
6
Intermediaries – Messengers Or Guardians? How India And US Deal With The Role And Liability Of Intermediaries
The increase in the diverse forms of use and expression on the Internet has led to a number of questions on whether or not the use of the Internet as a platform for commerce and, more importantly, communication, should be regulated.
India
28 Feb 2019
7
Edtech Platform Held Liable For Hosting Infringing Content
Platforms hosting user content and retaining control over the content, by exercising their right to modify and refuse uploads, cannot claim safe harbour protection under Section 79 of the Information Technology Act, 2000.
India
8 Oct 2018
8
The Way Forward: Learnings From Important Intellectual Property Case Laws & Developments From 2014
The Intellectual Property ("IP") regime in India has undergone various developments in the year 2014 with respect to laws and policies.
India
9 Mar 2015
9
Delhi HC: A Virtual Presence May Mean 'Carrying On Business' For Jurisdiction In IP Cases
Delhi High Court holds that a website selling goods online amounts to "carrying on business" by the Plaintiff under the Copyright Act, 1957 and Trade Marks Act, 1999.
India
3 Nov 2014
10
Taxing Times: Copyright Or Copyrighted Article? The Debate Continues
Indian resident persons who purchase software from non-residents under a standalone contract are in effect paying royalty and are liable to withhold tax on the gross purchase amount.
India
26 Sep 2013
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