'Court Cannot Rewrite Statutory Language' : Supreme Court Sets Aside Madras HC Order Reading Down Advance Notice Condition For Broadcasters Under Rule 29(4) Of Copyright Rules

The Supreme Court set aside an interim order passed by the Madras High Court in a writ petition filed by some broadcasters/FM Radios challenging Rule 29(4) of Copyright Rules, 2013."Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute. For then, the judicial craft enters the forbidden domain of a legislative draft.", the bench of Justice DY Chandrachud and BV Nagarathna observed in the case Saregama India Limited vs. Next Radio...

Counter-Productive To Exercise Powers Under Patents Act Over COVID Vaccines, Drugs At This Stage, Centre Tells Supreme Court

The Centre has told the Supreme Court that it is not in favour of exercising powers under the Patents Act, such as compulsory licensing or government authorization, over COVID-19 vaccines and medicines at this stage.In an affidavit filed before the top court, the Central Government has said that it is engaging in diplomatic level talks with other nations for procurement of vaccines and medicines, and any discussion on exercise of statutory powers under Patents Act will be counter-productive at...

Why Centre Not Considering Compulsory Licensing For COVID Drugs Like Remdesivir, Tocilizumab? Supreme Court Asks

The Supreme Court on Friday asked the Central Government why it was not considering invoking the powers under the Patents Act for compulsory licensing or government authorized use for drugs like Remdesivir, Tocilizumab, Favipiravar, which are used for treating COVID-19 patients.A bench comprising Justices DY Chandrachud, L Nageswara Rao and S Ravindra Bhat raised the query while considering the suo moto case on COVID-19 issues (In Re Distribution of Essential Supplies and Services During...

Amounts Paid By Indian Companies To Use Foreign Software Not 'Royalty';Not Income Taxable In India; No TDS Liability : Supreme Court

Settling an important issue in the income tax law, the Supreme Court on Tuesday held that the amounts paid by Indian companies for the use of softwares developed by foreign companies do not amount to 'royalty' and that such payment do not give rise to income which is taxable in India.Therefore, there is no liability for Indian companies to deduct tax at source with respect to purchase of software from foreign companies."..the amounts paid by resident Indian end-users/distributors to ...

Google Book Scanning Project: Author’s Guild approaches US Supreme Court [Read Petition]

American organization for writers, Authors Guild has petitioned the US Supreme Court, seeking review of the Court of Appeals ruling which had upheld the Google book scanning project as legal.In October last year, US Appeals Courts had affirmed the judgment by the Court below, and held that Google’s unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. You may read more about the ruling...

No Copyright subsists in the "title" of a Literary Work: Supreme Court [Read Judgment]

The Supreme Court in a landmark judgment held that no copyright subsists in the title of a literary work. The Hon'ble Apex Court bench comprising of Justices Madan B Lokur and S.A. Bobde was considering a criminal appeal preferred by Krishika Lulla and others against the order of Bombay High Court refusing to quash a complaint and process issued under Section 63 of the Copyright Act, read with Sections 406 and 420 of the Indian Penal Code, 1860.The complainant Shyam...