Tech & Law
The Tale Of Two Cases (And Platforms): The Brazilian Paradox
At present, the Brazilian Supreme Court finds itself in a unique position. In two separate matters, the highest court of Brazil is facing a question on the constitutionality of a provision, which may seemingly be a sure protection for freedom of speech and expression. Prima facie, it is fascinating to observe the unique task before the Court. However, the picture becomes clearer when...
Saket District Court Imposes Rs.20 Lakh Cost For Copyright Infringement Of Software
The Saket District Commercial Court with its Bench comprising Justice Lokesh Kumar Sharma has imposed a penalty on Invent Cast Pvt. Ltd for infringing the copyright of software developed by Seimen Industries Inc. The court found that Invent Cast was using the NX software (formerly Unigraphics) without a license. Consequently, the court imposed a fine of ₹20 lakh and issued a...
Madras High Court Upholds Rejection Of AI-Human Integration Patent Claim
The Madras High Court bench dismissed an appeal seeking a review of a patent claim for a product designed to integrate human and AI capabilities. The appeal was filed by Caleb Suresh Motupalli before the single bench of Justice Senthilkumar Ramamoorthy, challenging the order of the Controller of Patents. Upon review, the court found no sufficient grounds to interfere with the...
Charging Stations For E-Vehicles In Housing Societies Will Help Reduce Air Pollution: Bombay High Court Asks State To Finalise Legal Framework
Observing that charging stations for electric vehicles within society premises will help reduce the menace of air pollution, the Bombay High Court recently ordered the Maharashtra government to finalise its policy with regard to installation of charging points/stations with the housing societies, at the earliest.A division bench of Justices Girish Kulkarni and Advait Sethna while dealing with...
NCLAT Stays Ban on WhatsApp's Data-Sharing Policy; Orders Meta To Pay 50% Of ₹213 Crore Penalty
The National Company Law Appellate Tribunal (NCLAT) bench of Justice Ashok Bhushan (Chairperson) and Arun Baroka (Technical Member) has granted partial relief to WhatsApp from the Competition Commission India's (CCI) order against its 2021 privacy policy update.The CCI had banned WhatsApp from sharing user data with Meta for advertising purposes for 5 years and imposed a Rs. 213.14 crore...
No Provision For Law Enforcement To Conduct Arrests Via Video Calls: Rajasthan HC Takes Suo Motu Cognizance Of 'Digital Arrest Scams'
Terming “Digital Arrest scams” as one of the most insidious forms of cybercrime, Rajasthan High Court took suo motu cognizance of the increasing trend of cybercrimes in India including digital arrest, directing the State and Central Government to submit a report on the steps being taken to curb the offence.The bench of Justice Anoop Kumar Dhand opined that it was high time to spread...
Madras High Court Reserves Orders On Netflix India's Application To Reject Suit Filed By Dhanush Against Nayanthara's Documentary
The Madras High Court has reserved orders on two applications moved by Netflix India to reject the plaint and to revoke the leave to sue granted to Actor Dhanush's Wunderbar films. Wunderbar had sought leave to sue Los Gatos (Netflix's Indian entity) in connection with the copyright infringement case against Nayanthara, Vignesh Sivan, and others. Justice Abdul Quddhose reserved...
Karnataka High Court Strikes Down Centre's Green Energy Open Access Rules, Says It Lacks Legislative Competence
The Karnataka High Court has struck down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 framed by the Central Government for generation, purchase and consumption of green energy i.e., electrical energy from renewable sources of energy.A single judge, Justice N S Sanjay Gowda observed that the Centre lacks power under Electricity, 2003 Act to frame...
Supreme Court Transfers Petitions Filed Against CCI Probe Into Amazon-Flipkart To Karnataka HC
The Supreme Court on Monday (January 6) transferred to the Karnataka High Court multiple writ petitions pending in various High Courts challenging the Competition Commission of India's (CCI) probe into alleged anti-competitive practices by Amazon and Flipkart-associated sellers.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan passed the order in a transfer petition filed by the...
DTAA | Foreign Company Providing Software To Its Agents In India Doesn't Mean It Has 'Permanent Establishment' In India: Delhi HC
The Delhi High Court has held that 'software' being an intangible property, cannot alone constitute 'Permanent Establishment' (PE) of a foreign entity in India. PE is defined under Article 5 of the Double Taxation Avoidance Agreement (DTAA) between India and the United States of America as- a fixed place of business through which businesses of an enterprise are wholly or partly...
Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh
Dismissing a plea filed by two persons seeking quashing of an FIR registered against them for allegedly defrauding Amazon Seller Services Limited to the tune of Rs 69,91,940, the Karnataka High Court said that the facts in the case are "so seriously disputed" that they are like a "maze" and would require a full blown trial. Dismissing the petition filed by Sourish Bose and Deepanvita...
Delhi High Court Passes 'Dynamic+' Injunction To Protect Copyrighted Works Of Warner Bros, Netflix & Others
The Delhi High Court has recently passed a dynamic+ injunction to protect the copyrighted works of Warner Bros, Netflix, Disney and other global entertainment companies. Justice Saurabh Banerjee was dealing with a suit filed by global entities against 45 rogue websites seeking to restrain them from hosting and streaming their copyrighted works in various movies and shows. The suit was filed...