India News: NEW DELHI: Observing that some of the tribunals are in "pathetic" condition and not able to discharge their functions due to the large number of vacan.
An obituary for the IP Appellate Board
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Its tenure was a missed opportunity to develop the home-grown jurisprudence on patent law
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Its tenure was a missed opportunity to develop the home-grown jurisprudence on patent law
The demise of the Intellectual Property Appellate Board (IPAB), India’s specialist tribunal for determining disputes relating to intellectual property (IP) rights, is symbolic of its tenuous life. For an organisation that was created in haste and managed in haste, the end came about, unsurprisingly, in haste.
The patent system is notorious for its bipolar nature. Ever since its inception, public opinion has been divided about the usefulness of the system. There have been regular calls for its abolition. The lack of unanimity about the system here was seen in the way Indian parliamentarians deliberated on patent bills in the past.
Friday, 09 Apr 2021 12:03 PM MYT
BY MELANIE CHALIL
The Film Certification Appellate Tribunal (FCAT) helped the 2017 acclaimed Hindi film ‘Lipstick Under My Burkha’ to be screened after an initial ban. Screengrab from YouTube
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KUALA LUMPUR, April 9 Indian filmmakers will now have to appeal certification decisions to the High Court after the federal government quietly scrapped the country’s censorship appellate tribunal.
The Information and Broadcasting ministry’s Film Certification Appellate Tribunal (FCAT) is where filmmakers would go when they disagree with India’s main film certification body.
Google v Oracle SCOTUS ruling
Managing IP spoke to four in-house counsel about the impact of the US Supreme Court’s ruling in
Google v Oracle, from Monday, April 5.
The court ruled that Google’s use of Oracle’s code was fair – in a decision that concluded a decade-long battle between the two businesses.
Sources said that the ruling was good for the software industry, but they disagreed on whether the court got the details right.
Some attorneys, for example, thought that the court made the right move in declining to rule on the copyrightability of application programming interfaces (APIs).
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Lipstick Under My Burkha and Haraamkhor (below) were denied certification by the CBFC, after which the FCAT stepped in and gave both the films an ‘A’certificate and some cuts
Recently, through the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, the Centre has done away with appellate authorities under nine acts and vested those powers in the high courts. One of the appellates that have been removed is the Film Certification Appellate Tribunal (FCAT). The FCAT was established in 1983 under the Cinematograph Act. It was the statutory body constituted to hear appeals of filmmakers aggrieved by Central Board of Film Certification (CBFC) orders.