Write To Information Technology, Media, Telecommunication, November 2022

Published date08 December 2022
Subject MatterIntellectual Property, Media, Telecoms, IT, Entertainment, Privacy, Mobile & Cable Communications, Data Protection, Copyright, Privacy Protection, Patent, Broadcasting: Film, TV & Radio
Law FirmTMT Law Practice
AuthorTMT Law Practice

A. TECHNOLOGY:

1. MeitY introduces new data protection bill "THE DIGITAL PERSONAL DATA PROTECTION BILL, 2022"

The draft bill seeks to establish a comprehensive legal framework governing digital personal data protection in India. This Bill is a significant departure from the earlier iterations and appears to be a deliberate attempt to simplify the data protection regime for the convenience and understanding of all stakeholders. Comments have been elicited from the stakeholders on or before December 17, 2022.

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2. IP Chapter of the leaked India - UK draft FTA proposes Patent Evergreening:

A clause allowing patent evergreening under the leaked intellectual property chapter of the draft Free Trade Agreement between India and UK indicates that it may cause major damage to the Indian generics industry and the UK's healthcare services that are highly dependent on Indian drugs. Evergreening is the practice of filing for patent extensions by making minor changes to patented drugs just before the expiry of the patent. The draft further proposes to prohibit pre-grant opposition making it impossible to defend weak/invalid patents until they have been granted protection.

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3. Amazon plans to invest over $ 1 billion in production of original films intended for theatrical release:

Despite being in cost-cutting mode (Amazon ed-tech service, 'Amazon Academy' to shut operations in India from August, 2023 and lay offs have begun in multiple divisions), a report by Bloomberg revealed that Amazon intends to spend over $ 1 billion in the production and theatrical release of films making it one of the biggest commitments to the film industry by a tech company and boosting cinema stocks. The report added that the company plans to release over 12-15 films annually putting it at par with studios like Paramount Pictures.

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4. Online gaming in India may potentially attract 28% GST:

A group of state finance ministers have proposed to hike the tax rates applicable for the online gaming industry by 10% without making a distinction between games of skill and those of chance. If formally approved by the federal GST Council headed by finance minister Nirmala Sitharaman, the online gaming industry will be hit by 28% GST in place of the current 18%.

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5. Apple sued over alleged unauthorised collection of data:

Elliot Libman, a New York resident filed a class action suit against Apple for unauthorised collection of data despite opt-outs by users. Relying on...

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