A. TECHNOLOGY
1. The Supreme Court of India refused to stay the fine imposed by the Competition Commission of India (CCI) on Google
Google preferred an appeal against the decision of the National Company Law Tribunal and had sought a stay on the payment of the fine, which was imposed by the CCI over its anti-competitive policies, related to Android smartphones, which restrict other market stakeholders from entering the Indian market. The decision is said to have triggered strong reactions. Hailing the decision, Rohan Verma, MapMyIndia CEO, commented, "Today marks one very critical step towards India breaking free from the digital slavery Google has perpetuated on Indians for the last 15 years, and it is the right moment for all Indians to create our own indigenous ecosystem that gives India its rightful place at the forefront of the world, independent of foreign big tech monopolies".
2. The Ministry of Electronics and Information Technology's amendments to the draft IT Rules, 2021 welcomed by online gaming industry
The Ministry of Electronics and Information Technology (MeitY) published the amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules) in relation to online gaming. The amendments to the IT Rules have been welcomed by the online gaming industry. Prashanth Rao, Partner, Deloitte India, said "Clearly defined regulations will help remove ambiguity, build customer trust, gain investor confidence and have consistent pan-India operations".
3. Commission Nationale de l'informatique et des libertés (CNIL) imposes 3 million euro fine on Voodoo
Having carried out several checks on various mobile applications published by the company, Voodoo, France's data protection authority, CNIL, levied a 3 million euro fine on Voodoo citing non-consensual user tracking.
The CNIL's investigation revealed that the company applied Apple's technical identifier without consent.
4. Microsoft's Azure to add ChatGPT
OpenAI's ChatGPT will be added to Azure, Microsoft's cloud-based service, according to the software giants. The announcement was made a week after it was reported that Microsoft was in the midst of discussions to invest approximately $10 billion in OpenAI in order to take a larger stake than its' initial investment of $1 billion in 2019. Microsoft's cloud customers will be able to have access to many OpenAI tools.
5. Imbalance in control over digital platforms: Rajeev Chandrasekhar, MoS IT
In a bid to address the imbalance in the news industry, Union Minister of State for electronics and information technology, Rajeev Chandrasekhar, has urged tech aggregators to support digital news creators by sharing a slice of their revenue. Speaking at the Digital News Publishers Association conference, the minister added that the lack of an adequate system of checks and balances to ensure correct and factual news flow was an issue from a governance point of view.
B. MEDIA
6. Canada extends the term of copyright protection under its national legislation
Canada recently amended its national copyright legislation and extended the term of copyright from 50 years to 70 years after the death of the creator / author. The change has brought Canada in alignment with other jurisdictions that amended their national copyright protection legislations some decades ago with the European Union and the USA extending their copyright terms to 70 years at separate points during the 1990s. The Office of the Minister of Innovation, Science and Industry attributed the change to the CanadaU.S.-Mexico (CUSMA) trade agreement.
7. Delhi High Court rejects Capital Foods' plea for injunction against a competitor on grounds of the words 'Schezwan Chutney' being descriptive
An application filed by Capital foods to restrain Radiant Indus Chem from using 'Schezwan Chutney' or 'Szechuan Chutney' marks was rejected by the Delhi High Court (DHC). The application filed before the DHC sought an injunction on the use of the marks by Radiant Indus Chem for its' product 'Mrs. Foodrite Schezwan Chutney'. The Court observed that the extensive use of the mark 'Schezwan Chutney' or 'Szechuan Chutney' by various manufacturers within the food industry indicates the mark more as a description of the product.
8. Famous sports apparel brand Adidas loses stripes trademark case against Thom Browne
The United States District Court in Manhattan dismissed Adidas AG's claim that luxury brand Thom Browne Inc's use of stripes on its clothing infringed its' signature three-stripe trademark. Adidas had sought nearly $8 million in damages and losses after claiming similarities between Browne's parallel stripes motif and Adidas' three-stripe, citing that this similarity may mislead customers. This ushers in a new era of understanding in the concept of distinctive and similar marks and its usages.
9. Manchester United and Tezos Foundation accused of copying NFT
Popular football club, Manchester United, and its official blockchain provider Tezos Foundation were accused of copying designs and aesthetics in its new Non-Fungible Token (NFT) line belonging to an NFT artist Lucrece. The similarities led to some online community members questioning whether the artist was involved in the project. Lucrece refrained from accusing MUFC specifically but posted an image on Twitter comparing the two pieces of art.
10.Samsung settles phone fingerprint patent lawsuit in a court in U.S.A
Samsung Electronics Co. settled a patent lawsuit over biometric technology after facing allegations from Korean phone makers Proxense that it had violated intellectual property concerning the authentication of biometric data on electric devices. A joint stipulation was filed by both companies prior to the commencement of the trial in a Texas courthouse.
11.Delhi High Court recognises Sun Pharma and its' versions as a 'well known' trademark
The Delhi High Court granted 'SUN/ SUN PHARMA/ SUN PHARMACEUTICALS' the status of a 'Well-Known Trademark'. A plea was filed by Sun Pharmaceutical Industries Ltd. seeking a permanent injunction against Orison Pharmaceuticals from the specialties using the trade names 'ORISON/ ORISON PHARMA/ ORISON PHARMACEUTICALS' and the declaration of the trademark 'SUN/ SUN PHARMA' as a well-known trademark.
12.Google Board fails touchscreen patent challenge against Neonode Smartphone LLC
The Patent Trial and Appeal Board found that Google had not proven its' claims that a Neonode Smartphone LLC touchscreen technology are invalid. Google's argument that 13 claims in Neonode's US Patent No. 8,095,879 were obvious based on earlier patents was rejected. The ruling followed an earlier failed challenge by Samsung Electronics Co. and Apple Inc., who had argued the patent's claims were obvious based on a different set of prior art.
13.Apple found to be in violation of U.S. Trade Laws
A United States Administrative Law Judge ruled that Apple had infringed on one of Masimo Corp's pulse oximeter patents by importing and selling certain Apple watches with light-based pulse oximetry functionality and components. The Judge concluded that four other patents at issue were not infringed.
14.Amidst war, journalists' body calls upon Ukraine government to revisit new media law
The International and European Federations of Journalists (IFJ-EFJ) called upon the European Commission and the Council of Europe to convince the Ukrainian authorities to review the new media laws signed by President Volodymyr Zelensky. The new law has been called controversial with multiple provisions called problematic by representative trade unions of Ukrainian journalists. Under the law, the government can regulate print and online media, as well as internet, television, radio and online platforms.
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