INTRODUCTION
As we proceed through the year, it is with great pleasure that we present the second edition of our Intellectual Property Newsletter for 2024. This quarter has witnessed a plethora of noteworthy developments, legal battles, and advancements within the realm of intellectual property (IP). Our objective is to provide you with a detailed overview of these pivotal events, which not only shape the legal landscape but also influence innovation, creativity, and cultural heritage on a global scale.
A prominent highlight of this quarter is the recognition of over 60 Indian products with Geographical Indication (GI) tags. This recognition underscores the significance of safeguarding India's rich cultural and traditional crafts, such as Banaras Thandai and Meghalaya Garo Textile weaving. These GI tags not only protect the unique characteristics of these products but also empower local artisans and communities, promoting economic growth and cultural pride. The declaration of 'Haldiram' as a well-known trade mark by the Delhi High Court marks a significant milestone in brand protection. This ruling not only solidifies the brand's standing within India but also reinforces its global recognition, demonstrating the crucial role of robust trade mark protection in today's interconnected world. Moreover, the ruling by the Tokyo District Court that artificial intelligence (AI) cannot be considered an inventor under Japanese Patent Law initiates an essential discourse on the future of AI in innovation. As AI technology continues to advance, legal frameworks must adapt to address these new challenges, ensuring that the rights of human inventors are upheld while fostering technological progress.
These highlights represent only a portion of the significant IP events and rulings from this quarter. Our newsletter aims to provide you with comprehensive analysis and insightful commentary on these and other important developments. From landmark court decisions to groundbreaking regulatory changes, each article offers an examination of the evolving landscape of intellectual property rights.
We invite you to explore the wealth of information and insights presented in this edition. We value your readership and hope that you find this newsletter both informative and engaging. Happy reading!
SNIPPETS
OVER 60 INDIAN PRODUCTS RECEIVE GEOGRAPHICAL INDICATION TAGS
In a significant move to protect and promote India's rich cultural heritage, more than 60 products from across the country have been granted Geographical Indication ("GI") tags. The newly tagged products include the renowned Banaras Thandai,1 traditional crafts from Assam like Asharikandi terracotta craft2 and Jaapi bamboo headgear,3 as well as the Meghalaya Garo Textile weaving4 and Tripura's Pachra-Rignai traditional dress5. GI tags are awarded to products with specific geographical origins and characteristics linked to their location. With over 600 (six hundred) Indian products now bearing the GI tag, this initiative aims to safeguard the country's diverse cultural heritage while supporting the livelihoods of nearly 1,00,000 (one lakh) people directly involved in these traditional crafts.6
NCERT WARNS AGAINST UNAUTHORISED PRINTING AND SALE OF ITS TEXTBOOKS
The National Council of Educational Research and Training ("NCERT") issued an advisory to warn against the unauthorised publication of its educational materials.7 According to NCERT, some publishers are illegally printing NCERT textbooks under their own names without obtaining proper permission. This practice constitutes a violation of the Copyright Act, 1957 ("Copyright Act") and as per the advisory, NCERT will take legal action against any individual or entity engaging in such activities. The advisory emphasised that NCERT is the official body responsible for creating and distributing school textbooks and educational resources. It cautioned the public to avoid pirated textbooks as they may contain inaccuracies and contradict the principles of the National Curriculum Framework, 2023.8 NCERT urged individuals to report any instances of piracy via email and invited publishers to seek proper authorization for using NCERT's name by contacting the Publication Division in New Delhi or via email.
APPEALS COURT REVERSES PART OF NETFLIX'S COPYRIGHT WIN IN 'TIGER KING' CASE
In the case concerning the copyright infringement suit filed by Timothy Sepi and his company, Whyte Monkey Productions ("Plaintiffs") against Netflix, Inc. and Royal Goode Productions LLC ("Defendants"),9 the US Court of Appeals for the Tenth Circuit ("Appellate Court") partially reversed a district court ruling ("Impugned Order") that favoured the Defendants. The Plaintiffs had claimed that the Defendants used clips from eight of its videos filmed at the Gerald Wayne Interactive Zoological Park, which appeared in the "Tiger King: Mayhem and Madness" series, without proper authorization.
The Impugned Order initially noted that the Plaintiffs did not own the copyright to seven of the clips, categorizing them as "works made for hire" under the US Copyright Act, 1976 and further found that the Defendants' use of an eighth clip was protected under the "fair use" doctrine. Aggrieved by the reasoning, the Plaintiffs filed an appeal where the Appellate Court upheld the Impugned Order to the extent of the ownership of the first seven clips were concerned. It, however, disagreed regarding the eighth clip. The Appellate Court noted that the District Court found it to be non-transformative and commercial. The Appellate Court concluded that the Defendants' use of the eighth clip did not significantly alter its original meaning and could negatively impact the market value of the Plaintiffs' work.
DELHI HIGH COURT DECLARES 'HALDIRAM' WELLKNOWN
The Delhi High Court ("Court") declared the trade mark, 'Haldiram', as a well-known trade mark for food items, restaurants, and eateries, not only in India but also globally.10 The Court noted that the mark and logo have been used in the food industry since the 1960s and have achieved the status of a 'well-known mark'. The ruling came after Haldiram India ("Plaintiff") filed a suit seeking protection of its trade mark and a ban on an imitator from Ambala City, Haryana, who was selling products under the mark 'Haldiram Bhujiawala' ("Defendant"). The Court imposed a fine of INR 50,00,000 (fifty lakhs) as damages and INR 2,00,000 (two lakhs) as cost to be paid to the Plaintiff. The Court emphasised that the 'Haldiram's' brand, deeply rooted in India's culinary tradition, has established a presence within the national market and extended its influence globally, transcending geographical, cultural, and national boundaries.
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Footnotes
1. Application Details, Banaras Thandai, accessible at: https://search.ipindia. gov.in/GIRPublic/Application/Details/1000.
2. Application Details, Assam Asharikandi Terracotta Craft, accessible at: https://search.ipindia.gov.in/GIRPublic/Application/Details/980.
3. Application Details, Assam Jaapi, accessible at https://search.ipindia.gov.in/ GIRPublic/Application/Details/979.
4. Application Details, Meghalaya Garo Dakmanda Textile, accessible at https://search.ipindia.gov.in/GIRPublic/Application/Details/1094
5. Application Details, Tripura Pachra/Rignai Textile, accessible at https:// search.ipindia.gov.in/GIRPublic/Application/Details/1071.
6. The Week, accessible at https://www.theweek.in/voices/columns/ brijeshwari-gohil/2024/04/05/the-many-nuances-of-a-gi-tag.html.
7. Press Release: Copyright Infringement in Educational Materials developed by NCERT, accessible at https://ncert.nic.in/pdf/announcement/notices/ Press_Release_Copyright_Infringement-NCERT.pdf.
8. National Curriculum Framework for School Education 2023, accessible at https://www.education.gov.in/sites/upload_files/mhrd/files/NCF-SchoolEducation-Pre-Draft.pdf.
9. Whyte Monkee Productions, et al v. Netflix, et al No. 22-6086; accessible at https://www.govinfo.gov/app/details/USCOURTS-ca10-22-06086/context.
10. Haldiram India (P) Ltd. v. Berachah Sales Corpn., 2024 SCC OnLine Del 2265.
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