28th November, 2011

The Phonographic Performance Ltd to attack copyright violations in Goa

The Indian Music industry is putting up a concentrated effort to ambush copyright violations in Goa Panaji during the New Year celebrations this year.

The Phonographic Performance Ltd (PPL), a licensing arm of the Indian Music Industry (IMI) has initiated its anti copyright campaign labeled as ‘Halla Bol’ along Goa`s coastal belt, well-known for its music blaring beach shacks, scorching raves and techno night party hang outs. The music copyright vigilante authority has pledged to take pubs, DJs, beach shacks and other party hot spots to charge if they play unlicensed music. Those found playing music without public performance license would be booked under the Music Copyright Act, 1947. Music played by means of television, FM, CDs even World Space radio would be booked if it is played in public. The authority is keeping watch on discos, hotels, beach shacks along Goa`s coastline for any violation.

The Indian music industry endures enormous losses every year in spite of extensive popularity due to the illegal playing of music at different entertainment zones. The legal usage of music by acquiring adequate music licenses issued by PPL would reduce the loss to a great extent. Music labels have complete authority over their songs and using them without a proper license is a punishable offence and playing copyrighted music without consent is a non bailable offence and leading to up to 3 years imprisonment and a fine of Rs.2 lakh.

 

Chinese Trademark Office Rejects Registration for “FRACOGNAC” Mark

The Chinese Trademark Office has yet again refused to register the term “Fracognac” for a Chinese wine company. The trademark application was filed twice by the Shenzhen Ying Jun Wine Company.

The Chinese Trademark Office rejected the application citing that the use of the term “Fra”, indicating French origin, together with “Cognac” would mislead the public. Chinese trademark law also prevents registering of trademarks that suggest a specific geographic origin for goods that come from somewhere else. France’s Bureau National Interprofessionel du Cognac (BNIC) and Institut National de l’Origine et de la Qualite (INAO) had opposed the registration.

This is the second time that Shenzhen Ying Jun had applied for “FRACOGNAC” within Class 33 of the Nice Convention (Alcoholic Drinks except beer) and was thus denied twice. Cognac is a brandy named for the wine growing region surrounding the town of Cognac in southwestern France. Cognac is directly protected by BNIC and INAO as a geographic indicator as well as a standard of quality.

 

Computer shop admits copyright violation

The Hamilton computer store has admitted to unlawful activity in infringing the copyright of Microsoft New Zealand. The computer store in an out-of-court settlement has paid the software giant an undisclosed sum in damages.

Smart PC was entangled in a six week copyright and licensing investigation because of the sale of a secondhand Windows XP certificate of authenticity licensed to another machine, to Hamilton computer owner Matt Schmitt who sought to buy a new copy of the software from the shop. Mr Schmitt was charged $199 for the sticker as it is unlawful to sell stickers licensed to other machines, or without disks.

Smart PC, confessing that it infringed Microsoft's IPR, has apologized for its dealings and agreed to provide cash refunds or genuine copies of Microsoft software to the Schmitts along with an undisclosed sum of money in damages as part of the settlement.

 

Indian Performing Right Society and YouTube sign licensing agreement

The Indian Performing Right Society (IPRS), a non-profit making company looking after the copyrights for artists in India and YouTube, the online social network have inked a licensing agreement, a first collection society deal in India for YouTube which will allow songwriters, music composers and music publishers to earn revenue on YouTube.

Indian music publishers, composers and authors who are members of IPRS will receive their share of profits from the society for their works accessed on YouTube. This agreement will bring in new prospect for the India music industry to use the YouTube platform as an extra distribution channel and revenue source.

This would give support to YouTube's constant effort to help promote the creation of Indian content and reward artists for their original works available online. Both IPRS and YouTube encourage musical talent and facilitate payment of remuneration for this talent for videos on YouTube. YouTube generates revenue only when ads are displayed against YouTube partner's videos, which is then shared with such partners.
YouTube had earlier signed deals with music labels like T-Series and Saregama who represent about 70 per cent of the songs from the Hindi film industry.

 

Philip Morris sues Australia over plain packaging

Philip Morris, the international tobacco firm is suing the Australian government over its new law requiring all cigarettes to be sold in plain packages.

Under the revolutionary law, all tobacco products sold in Australia would need to be in plain packaging from December1, 2012. Cigarettes would be sold in plain, olive-brown packets with large, graphic health warnings. The Australian government brought the law into effect stating it as one of the most significant public health measures in Australia's history and requested all big tobacco companies to accept the resolve of parliament.

Hong Kong-based PMA has sought to suspend the law and required significant compensation for the loss of the company's trademarks and investments in Australia under a bilateral investment treaty with Hong Kong. The company also intends to pursue claims under domestic law before the High Court of Australia.

The removal of all logos and printing of only company names in the same font has infuriated tobacco firms, who claim this would lead to fake products flooding the market because plain packaging is easier to reproduce.

 

BMW’s China unit in Infringement row

China’s rocket-maker, the China Academy of Launch Vehicle Technology has sued Bayerische Motoren Werke (BMW)’s China unit for infringement of its copyrights. The China Academy of Launch Vehicle Technology is the designer and manufacturer of the Long March rocket family.

Bayerische Motoren Werke has been accused of using an image of the academy’s famous Long March rocket in one of its advertisements for endorsing its products without taking any permission from the academy.

The German automaker has used an image of the CZ-2F Type Long March Rocket in an advertisement in the Chinese- language magazine Vista. The academy has sought an order barring further infringement and money damages from the automaker.

BMW denied the infringement claims and told the court that the image was used only to show the rapid advancement in technology and that the use of the picture had not caused any economic loss to the academy. It also mentioned that there could not be unfair competition, as the academy was not in the same industry as BMW.